利用虚拟货币披上一层隐蔽外衣,成为近几年犯罪分子的惯用新手段。
The use of virtual currency under cover has become a common tool for criminals in recent years.
被“神化”的荐股大师、“一对一VIP”的会员服务、“低风险高回报”的投资平台……随着投资理财热情高涨,各类荐股骗局层出不穷,不少投资者明知有风险,却还沉迷在骗子编织的骗局里,幻想“一夜回本”,结果陷入虚假平台的投资陷阱。
The “a-to-one-VIP” offer master, the “one-to-one-VIP” member service, and the “low-risk-to-return” investment platform... As the investment booms, various types of offer scams rise, and many investors, aware of the risks, are fascinated by frauds, fantasizing about “one-night-to-one-night-back” and end up trapped in a false platform’s investment trap.
现在,这类“杀猪盘”“虚拟盘”“网恋陷阱”产生的黑钱向更隐蔽的虚拟货币平台转移,一条利用虚拟货币洗钱的非法产业链逐渐浮出水面。
Now, the black money generated by the “virtual chassis” of this kind of “virtual chassis” is being transferred to a more hidden virtual money platform, and an illegal industrial chain that uses virtual currency to launder money is gradually emerging.
传统“荐股”套路,新型洗钱手段
4月26日,萧山区人民法院审结了一起涉境外诈骗集团诈骗案,诈骗数额高达770万余元,其中,为首的被告人柳某获刑十一年四个月。
On 26 April, the Xiaoshan People's Court concluded a case involving fraud committed by offshore fraud syndicates, amounting to more than $7.7 million, of which one of the first accused, Liu, was sentenced to 11 years and four months'imprisonment.
诈骗金额虽然巨大,但柳某及其团伙的骗术其实也是“老套路”了。
Although the amount of the fraud is enormous, the trick of Yoo-won and his gang is also “old-fashioned”.
2019年9月的一天晚上,吴先生收到了一条微信好友添加申请,通过后,对方自称爱好炒股,有赚钱门路,随后便将吴先生拉入一个炒股群,还向他推荐了一位炒股老师。
One night in September 2019, Mr. Wu received an application to add a trusted friend, after which he claimed that he was interested in the stock market and had the means to make a profit, and then dragged Mr. Wu into a stock market and recommended him a stock teacher.
这位炒股老师每天都会在群内讲课、分享炒股信息,群内其他成员经常向老师反馈赚钱的“捷报”。时间久了,吴先生也不免有些动心。他按照老师的教程操作,开始的确顺利赚了几笔钱,他对炒股老师的信任也开始提升。
The teacher gives lectures and shares information every day, and the other members of the group often give feedback to the teacher on the “fast news” of making money. It is too late for Mr. Wu to be a bit moved. He does make some money, and his trust in the teacher has been raised, in accordance with the teacher's curriculum.
没过多久,老师表示现在股票行情不好,推荐大家炒“数字货币”,吴先生不疑有他,又按照老师的推荐下载了某APP,并在其中充值购买了所谓的“数字货币”。
After a short while, the teacher said that the stock market was not working well, and recommended that everyone play a “digital currency”, and Mr. Wu did not doubt that he had him and downloaded a certain APP at the teacher's suggestion, where he bought the so-called “digital currency”.
可惜,同年11月4日至8日,短短4日内,吴先生先后四次充值19万元均未能获得收益。两周后,吴先生发现,该APP账户已无法提现,这才幡然醒悟,随即报警。
Unfortunately, in just four days from 4 to 8 November of the same year, Mr. Wu was unable to reap the benefits of four consecutive rounds of $190,000. Two weeks later, Mr. Wu discovered that the APP account was no longer available, which led to a wake-up call to the police.
后经警方调查,除了吴先生外,陆某、张某等20余人均遭遇了同样的“套路”,被骗数额有数万元至上百万元不等。随着柳某、李某甲、刘某、李某乙等人被抓获,一个境外电信网络诈骗犯罪集团的幕后骗术也浮出水面。
As a result of a police investigation, more than 20 people, including Mr. Wu, have been subjected to the same “widows” for the same amount, ranging from tens of thousands to millions of dollars. With the capture of Liu, Li, Liu, Li, Li, and others, behind-the-scenes fraud by an offshore telecommunications network has surfaced.
法院判决书显示,2019年8月至9月期间,被告人柳某、李某甲、刘某、李某乙等人经他人邀请或网络招聘,加入了马来西亚某境外诈骗犯罪集团。该诈骗犯罪集团有着一套明确的“工作机制”:
According to the Court's judgment, between August and September 2019, the accused Yoo, Li, Ka, Liu, Li and others were invited or recruited by a network to join a foreign fraud criminal group in Malaysia. The fraud criminal group has a clear “working mechanism”:
先将新招募的成员分为不同小组,以小组为单位实施电信网络诈骗。其中,被告人柳某作为诈骗犯罪集团总监,负责管理各诈骗小组、下发话术、统计业绩等。
The newly recruited members are divided into different groups, which are responsible for telecommunication network fraud.
各小组成员手握大量微信号,一边随机添加吴先生这样的被害人,一边假装成“投资人”加入由该犯罪集团组建的大量微信群中。在微信群内,被告人李某甲等各小组组长冒充炒股老师,被告人刘某、李某乙等其他组员分别冒充老师助理、虚假投资者等角色,小组成员之间有一套成熟的交流话术,互相配合。
The members of the group, while holding a lot of small signals, randomly adding victims such as Mr. Wu, pretending to be “investors” to a large group of micro-messors formed by the criminal group. Within the micro-message, the leaders of the various teams of the accused, Lee and others, such as Liu and Li, pretend to be assistant teachers, false investors, etc., and there is a mature set of conversations and collaboration between the members of the group.
在取得被害人信任后,以“某数字货币可以获得高额利益”的说法,诱导被害人下载其所操控的投资平台,并通过后台操作制造出升值的假象,直至非法占有被害人的充值钱款。
Upon obtaining the trust of the victim, the victim was induced to download the investment platform that he or she operated and to create the impression of appreciation through back-office operations until he or she illegally took possession of the victim's full value.
经查,被告人柳某等人参与的诈骗小组共骗取钱款770万余元。
A total of more than $7.7 million was found to have been fraudulently collected by the fraud team in which the accused, among others, was involved.
法院审理认为,被告人柳某、李某甲、刘某、李某乙结伙,以非法占有为目的,虚构事实、隐瞒真相,通过电信网络骗取他人财物,数额特别巨大,应当以诈骗罪定罪处罚。根据四被告人的犯罪情节和认罪态度,以诈骗罪判处被告人柳某有期徒刑十一年四个月,并处罚金11万元;判处被告人李某甲有期徒刑六年六个月,并处罚金5万元;判处被告人刘某有期徒刑三年十一个月,并处罚金2万元;判处被告人李某乙有期徒刑三年十个月,并处罚金2万元。
The court found that the accused Liu, Li, Li, Liu, Liu, Li, Bai Bie, in association with them, for the purpose of illegal possession, false facts, concealment of the truth, and deception of others through the telecommunications network, of a particularly large amount, should be convicted of fraud. The accused was sentenced to 11 years, 4 months'imprisonment and a fine of $110,000 for fraud based on the circumstances of the crime and the guilty plea. The accused was sentenced to 6 years'imprisonment and a fine of $50,000; the accused Liu was sentenced to 3 years and 11 months'imprisonment and a fine of $20,000; and the accused Lee Bhai was sentenced to 3 years and 10 months'imprisonment and a fine of $20,000.
赃款流入境外交易所“漂白”
虚拟货币流转不留痕,具有匿名性、复杂性、跨国性特征,无需金融机构参与即可完成操作,难以追溯资金去向,已成为不法分子为赃款“漂白”的新利器。
Virtual currency flows, which are anonymous, complex and transnational in character, do not require the involvement of financial institutions to carry out operations, make it difficult to trace funds, and become a new instrument for illicit elements to “float” stolen money.
利用虚拟货币进行非法集资、洗钱等犯罪行为的案件也不断增加。据中国裁判文书网统计,2018年,我国虚拟货币的传销类案件多达166起,而2017年为94起,2016年为46起,2015年为10起,2014仅有5起,近几年的案件年均增长率超过100%。2020年以来,国内各地警方破获关于虚拟货币犯罪的案件频繁被媒体披露。
There has also been an increase in the use of virtual currency for illegal fund-raising, money-laundering, and other criminal acts. According to the Chinese Network of Judicial Instruments, 166 cases were reported in 2018, 94 in 2017, 46 in 2016, 10 in 2015 and only 5 in 2014, with an average annual increase of over 100% in recent years.
北京德和衡(上海)律师事务所合伙人安宁表示,他接触的虚拟货币洗钱案件主要分为两类,一类是以虚拟货币作为幌子,开设虚假的交易平台等,进行诈骗的案件;另一类是以虚拟货币作为转移赃物的媒介,涉及洗钱罪,掩饰、隐瞒犯罪所得罪等。
The partner of the Beijing-German and Shanghai-Shanghai law firm stated that the virtual money-laundering cases to which he had been exposed fell into two main categories: fraud cases under the guise of virtual currency, the opening of false trading platforms, etc.; and fraud cases involving virtual currency as a medium for the transfer of stolen goods, money-laundering offences, concealment, concealment of proceeds of crime, etc.
以往,犯罪团伙较多采用提供资金账户进行转账或取现,通过购买理财产品,买卖房屋、车辆等方式协助转移资金。但这类资金转移方法能追踪到流水记录,而利用虚拟货币洗钱的新型犯罪手法则更隐蔽,洗钱团伙一旦将黑钱转去境外交易所,便给追回资金造成极大难度。
In the past, criminal groups used financial accounts for transfers or take-off, assisting in the transfer of funds by purchasing property, buying and selling houses, vehicles, etc. However, such money transfers can be traced to streaming records, while new criminal methods of money-laundering using virtual currency are more hidden, and money-laundering groups can make it extremely difficult to recover money once they transfer it to an exchange abroad.
2020年3月,在上海市浦东新区公检法部门公布的一起虚拟货币洗钱典型案例中,一名涉嫌利用虚拟货币平台诈骗的嫌疑人集资诈骗了上千万元后,出逃澳大利亚,并授意妻子陈某将诈骗所得转移至海外。该名妻子供述,钱通过银行卡打给了两个比特币矿工,兑换密钥,给了丈夫,从而将资金绕过外汇管制。身处澳大利亚的他,可以直接将虚拟货币兑换成澳元。
In March 2020, in a typical case of virtual currency money-laundering published by the Public Prosecution Service of the New District of Shanghai, a suspect suspected of fraud using virtual money platforms fraudulently solicited tens of millions of dollars, fled Australia and instructed his wife to transfer the proceeds of the fraud abroad. The wife confessed that the money was given to two bitcoin miners through a bank card, exchanged keys and given to her husband, thereby circumventing foreign exchange controls. In Australia, he could directly convert the virtual currency into Australian dollars.
夫妻双方里应外合的境外洗钱操作,将两类诈骗手段都发挥得淋漓尽致。
Both types of fraud are exploited by offshore money-laundering operations between spouses.
业内人士认为,虚拟货币洗钱有可能成为区块链世界长时间的犯罪威胁。加密虚拟货币的去中心化属性,让侦查部门面临资金难以查控、操作人员难以关联、电子证据难以获取等多方面困难。
Businesses argue that virtual money-laundering can become a long-term criminal threat in the chain world. The decentralized nature of encrypted virtual money makes it difficult for investigative services to access funds, operators’ connections, and electronic evidence.
对此,侦查部门应以区块链技术为依托,优化反洗钱系统,完善电子证据取证工作,健全反洗钱数据监测预警体系。
In this regard, investigative authorities should rely on block-link technology to optimize anti-money-laundering systems, improve electronic evidence-gathering and improve early warning systems for monitoring anti-money-laundering data.
“网恋”对象教导为犯罪团伙洗钱
's object is to teach criminal groups money laundering
赃款流入虚拟货币交易所的重要通道,是流经不易被识别的信用卡账户。福州警方近期侦破的洗钱案中,嫌疑人李某则是因“网恋”稀里糊涂被带入了洗钱圈套。
An important route to the virtual money exchange is through credit card accounts that are not easily identifiable.
2020年春节,待业在家的李某通过抖音App认识了一位女网友小陈,双方很快坠入爱河。小陈告诉李某,手机刷单能赚钱,李某想也没想就向小陈请教“经验”。根据小陈的指示,李某下载了聊天软件App、绑定了银行卡和身份信息后便开始了第一笔的“刷单”。仅一天便赚取了2000元。尽管他觉得事有蹊跷,但并未停下刷单的“手速”。
In the spring of 2020, Lee, who was at home, met Chen by shivering App, and quickly fell in love. Chen told Li that mobile billboards make money, and Li didn't want to ask Chen for experience. According to Chen's instructions, Li started his first “books” when he downloaded the chat software App, tied the bank cards and identification information. He earned $2,000 a day. He didn't stop the “hand speed” of the bill, although he felt that something was wrong.
今年1月,福州三叉街派出所民警在侦办一起网络投资诈骗案时,发现李某名下一张银行卡资金流水竟然多达500多万元,民警立即出动将李某抓捕归案。面对自己银行卡打出的资金流水,李某只能低头认罪。他在小陈的指导下,通过出租、出借、出售银行卡,帮助犯罪分子用虚拟货币“漂白”了一部分赃款,成为了犯罪分子的帮凶。
In January, while investigating a cyber-investment fraud, the police officers at the Trident Street police station in Fuzhou found out that Li’s next name was a bank card with a cash flow of over $5 million, and the police immediately went out and arrested Li’s bank card. In the face of the money flowing out of his own bank card, Li was forced to plead guilty. Under Chen’s guidance, he helped criminals “float” part of their money in virtual currency and became accomplices to criminals.
安宁说,要减少这类信用卡被犯罪团伙利用成为洗钱工具的行为,监管部门要从三方面加强管理:
Pilgrims say that in order to reduce the use of such credit cards by criminal groups as a tool for money-laundering, the regulatory authorities need to strengthen their management in three ways:
一是加强银行卡的管理。近些年,犯罪分子经常购买、借用、冒用他人身份申领银行卡,并用于犯罪活动,公安部等部门近期开展“断卡”行动,目标就是打击此类行为。
In recent years, criminals have frequently purchased, borrowed, fraudulently applied for bank cards and used them for criminal purposes.
二是加强对资金异动的监控。银行等金融机构,要加强对资金交易行为的实时监控,对有异动的资金流转,要及时采取临时限制措施。
Financial institutions, such as banks, need to strengthen the monitoring of money transactions on a real-time basis.
三是加强对第三方支付平台、网络科技公司的监管和法治宣传,强化对第三方支付、网络科技公司的合规经营义务,防止为犯罪分子提供资金通道和技术手段。
The third is to strengthen the regulation and promotion of the rule of law for third-party payment platforms, web-based science and technology companies, to strengthen compliance obligations for third-party payments, web-based science and technology companies, and to prevent the provision of financial access and technical means to criminals.
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