专业文章丨虚拟货币洗钱罪案件前沿问题

Core Viewpoint - The rapid evolution of blockchain technology has led to unprecedented activity in the virtual currency market, with global trading volume surpassing $15 trillion in 2024 and daily trading volume reaching $40 billion. However, this growth conceals significant financial security risks, as virtual currencies are increasingly exploited for money laundering due to their anonymity, convenience, and cross-border nature [2][3]. Group 1: Virtual Currency Money Laundering Trends - Virtual currency money laundering has seen explosive growth, with the amount involved escalating from tens of billions to hundreds of billions. It has become a mainstream channel for money laundering activities [4]. - A notable case in the second half of 2024 involved a major virtual currency money laundering operation linked to multiple cross-border criminal gangs, resulting in laundered funds amounting to 40 billion RMB [4][5]. - Criminals utilize the decentralized and anonymous features of virtual currencies to create complex laundering schemes, making it difficult for regulatory bodies to trace the origins and destinations of funds [4][6]. Group 2: Legal and Regulatory Challenges - The legal status of virtual currencies in China remains ambiguous, complicating the recognition of their monetary value and the application of laws related to money laundering [9][10]. - The introduction of judicial interpretations regarding money laundering crimes has provided clearer legal grounds for prosecuting virtual currency-related offenses, reflecting the urgent need to address the rising threat of such crimes [8][10]. - The complexity of virtual currency transactions poses significant challenges for evidence collection and examination, as transactions are often stored on decentralized networks or foreign servers, making it difficult to obtain crucial evidence [11][12]. Group 3: International Cooperation and Challenges - The cross-border nature of virtual currency transactions necessitates international judicial cooperation to combat money laundering, but differing regulatory frameworks across countries complicate these efforts [15][16]. - The lack of uniform standards for recognizing virtual currencies as legal entities creates obstacles in international collaboration, particularly in cross-border investigations and asset recovery [15][16]. - The Chinese government is actively working to align its legal framework with international standards to enhance cooperation in combating virtual currency money laundering [16].