Accused of money laundering by using "password red envelopes" to collect drug funds
2024-11-27
Recently, the People's Procuratorate of Chaoyang District, Beijing, concluded a case of using third-party payment institutions' "password red envelopes" to launder the proceeds of drug crimes. According to the court's legal judgment, the defendant Ye was sentenced to one year in prison and fined 10000 yuan for the crime of smuggling and drug trafficking; Sentenced to 6 months in prison and fined 10000 yuan for committing money laundering crimes; Decided to execute a sentence of one year and three months and a fine of 20000 yuan. In December 2023, the defendant Ye sold 10 pills of the nationally controlled psychotropic drug Triazolam to Bao for 3100 yuan. Later, in April of this year, his upstream supplier shipped the drugs from Germany to China. Bao was caught by the police on the spot while collecting the above-mentioned express delivery at his residence. After investigation, in order to evade investigation, Ye and others deliberately used overseas chat software for transactions. It is said that the delivery method of overseas direct mail is easily caught by the police, so Ye and others chose to use domestic delivery to reduce the risk. In order to smoothly transfer and conceal the stolen money, Ye also teamed up with a netizen named Shi who lived overseas (handled separately) to forward a mobile payment tool's "password red envelope" and have Shi collect the drug money on his behalf for transfer, achieving the "bleaching" of the drug money. After the incident, the Chaoyang District Procuratorate intervened in the investigation work in advance at the request of the Chaoyang Branch of the Beijing Public Security Bureau, actively guiding the public security organs to collect and extract fixed evidence. During the investigation, the prosecutor found that Shi also purchased nationally controlled psychotropic drugs from Ye. According to Ye's account, in order to conceal the nature and source of the money, he requested the buyer Bao to send him a mobile payment tool "password red envelope". Later, Ye sent the string of the "password red envelope" to Shi, who was closely related to him. Shi collected it and mixed it with other drug purchases to generate a new "password red envelope" to send to Ye. Ye then received a new "password red envelope" to collect the drug money. During the review and prosecution process, the investigating prosecutor had multiple discussions on whether Ye's collection of drug funds through Shi's hands constituted money laundering. The prosecutor believes that the act of Ye instructing Shi to collect drug money and then transfer it to him objectively has cut off the connection between drug crime proceeds and drug crimes, and should be independently evaluated as a money laundering crime. By carefully sorting out evidence and retrieving judgments from similar cases across the country, the procuratorial organs have lawfully determined that the defendant Ye has committed the crimes of smuggling, drug trafficking, and money laundering. At the end of October this year, the Chaoyang District People's Court in Beijing held a trial of this case, fully adopting the criminal facts and sentencing recommendations accused by the procuratorial organs, and making the above judgment in accordance with the law. The defendant Ye stated in court that he would not appeal, and the first instance judgment in this case has now come into effect. Prosecutor Zhuang Xiaoqian from the First Procuratorial Department of Chaoyang District Procuratorate introduced that the 11th Amendment to the Criminal Law has clarified that "self money laundering" is also one of the behavioral patterns of money laundering crimes. In this case, the actions of Mr./Ms. objectively transferred the proceeds of drug crimes, and subjectively knew that their actions had the effect of concealing and concealing the source and nature of the proceeds. Therefore, they should be punished according to self laundering and punished together with the upstream drug crimes. Zhuang Xiaoqian introduced that the subjective knowledge of the perpetrator is a difficult point in the investigation of drug crimes. Therefore, electronic data should be strictly reviewed and objective evidence should be collected to determine that the perpetrator is not based on legitimate medical purposes. The new payment methods bring convenience to people's lives, but also open the door for drug criminals to transport drug funds. On the one hand, criminals use virtual currencies and other means to settle funds with upstream suppliers, and on the other hand, they instruct downstream buyers to make payments through electronic payment platforms, mobile payment tools, and other forms. This case is a new type of money laundering method in which the perpetrator uses a new payment method to issue and receive funds with time differences, and the password receiving subject and fund receiving subject are separable, to control a third party to collect and transfer stolen funds. It has certain reference significance for determining similar behaviors as money laundering crimes, and is conducive to cracking down on drug crimes and money laundering crimes in accordance with the law in the era of electronic payments, and better maintaining the order of national financial supervision. (New Society)
Edit：Rina Responsible editor：Lily
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