Selling U has 'risks', legal red lines cannot be crossed

In the world of cryptocurrency, many players have serious misconceptions about the legality of virtual currency trading. They naively believe that trading virtual currencies is not illegal, and even if they receive illicit funds when selling U, they can walk away unscathed, merely applying to unfreeze their bank cards, at most returning the received funds from scams, as if everything is under control. However, this is a completely erroneous understanding.

Article 287, Paragraph 2 of China's Criminal Law and the judicial interpretation of the crime of aiding and abetting clearly stipulate that if it can be inferred that the party knows the other party is using USDT to engage in information network criminal activities, yet still engages in transactions with them, it will constitute the crime of aiding information network criminal activities, also known as aiding and abetting. Once this crime is committed, one could face up to three years of imprisonment. According to Article 312 of the Criminal Law and the judicial interpretation of the crime of concealment, if it is determined that the party subjectively knows that the other party's funds belong to criminal proceeds such as fraud, yet insists on continuing the transaction, it will constitute the crime of concealing or hiding criminal proceeds, which carries even harsher penalties, with a maximum of seven years of fixed-term imprisonment.

Many people incorrectly believe that only if they find clear chat records with the scammer on their phone, such as the other party directly stating, 'I want to launder money, you sell U to me', will they be deemed to have subjective knowledge. In fact, this is not the case; in judicial practice, law enforcement agencies often infer whether the party subjectively knows based on various abnormal behaviors during the transaction. For example, whether the transaction amount is abnormally large, whether the transaction frequency is unreasonable, whether the counterparty's identity is unclear or has a criminal record, etc. These seemingly ordinary transaction details could become key evidence in determining whether you were aware that the other party was engaging in criminal activities. Once determined to have subjective knowledge, you will step into the legal taboo and face severe criminal penalties.

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