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Author: Liu Yang
On August 5, the official official account of the Supreme People’s Procuratorate published an article:Is it a concealment or a fraud?Procuratorate changes qualitative and precise prosecution charges,On August 1, the fraud case of Lin Moumou and Wu Moumou prosecuted by the Jiaocheng District Procuratorate of Ningde City, Fujian Province was heard in court.The Sixth Evaluation Group of the Supreme People’s Procuratorate evaluated the performance of prosecutors’ performance in court.The article mentioned, “This is also the final stop of the Sixth Review Group’s campaign to launch a criminal case trial in Fujian to support public prosecution review activities.”
Coincidentally, the first battle and the final battle are both related to virtual coins.The national procuratorate’s appearance in court for public prosecution and evaluation activities for criminal cases was launched on April 2, 2025. The first case launched focuses on virtual currency. I also wrote a special article for the first case:The first case of public prosecution review by the Supreme People’s Procuratorate involves virtual digital currencyThe final battle has once again focused on virtual coins, especially usdt, and the commonly used tgs in the circle have not been run away. This is not a coincidence, but the “attitude” released by the Supreme People’s Procuratorate.
The leaders participating in this review are higher than the “first battle”.Miao Shengming, member of the Party Leadership Group and Deputy Procurator-General of the Supreme People’s Procuratorate, Hou Jianjun, Secretary of the Party Leadership Group and Procurator-General of the Fujian Provincial ProcuratorateTwo deputy ministerial levelsIn charge, more than 50 people participated in the review activities, including National People’s Congress, Fujian Provincial People’s Congress deputies, Fujian Provincial CPPCC members, relevant persons in charge of the General Crime Procuratorate of the Supreme People’s Procuratorate, and relevant personnel from the Fujian Provincial Third-level Procuratorate.
The facts of the case reviewed this time are as follows:
In October 2024, Lin and Wu joined the “National Home-to-Door U-Share” group.In the group, the two “accept orders” to help telecommunications network fraudsters receive cash packages sent by the victim or directly connect with the victim to collect cash, and then deliver the money to the location designated by the fraudsters.After the matter is completed, Lin will deduct 2% of the total amount of the transfer money as compensation.
In this way, from November 11 to December 5, 2024, Lin Moumou, either alone or together with Wu Moumou, instructed several minors to collect money from the victims in Xiamen, Fujian, Nanchang, Jiangxi, Chengdu, Sichuan and other places, totaling 3.3541 million yuan, of which 2.32 million yuan was intercepted by the police on the spot when collecting it, and no actual acquisition was obtained.Wu Moumou’s participation in the crime totaled 592,200 yuan, of which 50,000 yuan was also intercepted by the police when collecting it.In less than a month, the two earned a total of 20,682 yuan, all of which were used for daily expenses.
Simply put, it is to take orders in the tg group to buy and sell USBTT offline. After working for less than a month, I was caught without making a lot of money.Lawyer Liu Yang repeatedly reminded in his official account: First, you cannot do offline trading u, which is the easiest thing to be caught, and it is not as good as cash.Second, offline buying and selling u is extremely risky, because you don’t know where the other party’s money or u comes from, and it is very likely that it is not “easy”.
On March 27 this year, the Jiaocheng Branch of Ningde Municipal Public Security Bureau transferred Lin and Wu to the Jiaocheng District Procuratorate for review and prosecution on suspicion of concealing and concealing the proceeds of crimes.The Procuratorate of Jiaocheng District Procuratorate actively guides investigation, improves evidence materials such as subjective knowledge of the defendant, collecting money from the victim, using fraudulent tactics and disguising his identity, and builds a targeted proof system around the defendant being accomplices of the crime of fraud rather than concealing or concealing the proceeds of the crime.In the end, Lin and Wu were prosecuted for suspected fraud.
The reason why this case was identified as a complicity of fraud is slightly different from other offline transaction cases. From the content of the trial of this case, it can be seen thatIn this case, the defendant gathered the “take” and had direct contact with the victim in the fraud case. The defendant knew that he was helping others collect the money that the victim was cheated of, and the professor disguised himself as a customer service staff to deceive the victim into trust.Liu Lu used to call this behavior “making damn money.”
During the court debate, the prosecutor further responded: Lin and Wu, who knew that others were committing fraud, also joined relevant social network groups and gathered more than ten minors as “taken”. Before the fraud was completed, they would receive cash packages sent by the victim or directly connect with the victim to collect cash, which is a money-making act in fraud crimes, and comply with the relevant provisions on joint crimes of telecommunications and network fraud crimes in judicial interpretations such as the “Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases such as Telecommunications and Network Fraud”, and are classified as fraud in accordance with the provisions of the law.
As for how leaders evaluate this case, you can read it directly in the Supreme People’s Procuratorate’s public account, and I won’t explain it in detail here.Here, Liu Lu will talk about some opinions based on this case:
First, once again emphasize the legal risks of offline buying and selling usdt.I thought no one would do such a stupid thing, until a lawyer came to me a few days ago and said that a relative in my family involved an offline cash exchange for usdt. My companion was arrested and asked me what to do. I said I would surrender myself because I listened to the case. The party first deposited usdt to Huiwang guarantee, and then someone sent the cash to the designated location. After the party confirmed that the cash was received, Huiwang released the coins and UDT was floating up to 1 yuan for transactions. What can lawyers do in this case?I also reminded the parties involved to surrender to the truth, otherwise surrender alone will not be considered surrender.
Second, don’t think that concealing the secret will be much less than the sentence for fraud.According to the new judicial interpretation of concealing crimes in 2021,If the total value of the proceeds of crime and the total value of the income generated by it reaches more than 100,000 yuan, it is a serious situation, that is, the period from 3 to 7 years. In practice, some public security organs have assessments for the crime of concealment, but when the procuratorate prosecutes, they often change the charges (applicable to the accomplice of the main culprit and identify the accomplice), because if the concealment is determined, it may be higher than the principal culprit’s sentence. However, the procuratorate in this case prosecuted the accomplice of the crime of fraud, and the estimated sentence is not low.
Third,The national procuratorate’s appearance in court for supporting public prosecution and evaluation activities is an important innovative measure for the procuratorate this year. Each poem and one tail is virtual currency. In addition, the Supreme People’s Procuratorate recently announced a topic, including 6 topics involving virtual currency, which shows how much importance it is.I hope that people in the circle will not be lucky. Don’t do such things that are particularly easy to be caught. First, you will not starve to death, and second, you will definitely not be able to make money by doing this.
Fourth, although virtual currencies have certain original sins, and although the Supreme People’s Procuratorate and the Supreme People’s Court are paying more and more attention, they still hope that front-line judicial organs can identify individual cases and treat each case carefully, leaving room for some new things that are indeed innovative, practical and sustainable.Currently, countries around the world are making big moves in stablecoins. Although Hong Kong did not promote the stablecoin bill as scheduled on August 1 and did not announce a license, it did not say that it would not be done.Leave a piece of soil for innovative technologies to survive. Who knows whether the future will be the next deep seek?
(The author is a senior partner of Beijing Deheng Law Firm and deputy secretary-general of the National Criminal Commission)
