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两部门印发《房地产从业机构反洗钱工作管理办法》
智通财经网· 2025-08-26 09:53
Core Viewpoint - The Ministry of Housing and Urban-Rural Development and the People's Bank of China have issued the "Management Measures for Anti-Money Laundering Work of Real Estate Practitioners," which mandates real estate institutions to report suspicious transactions related to money laundering and to establish internal controls for anti-money laundering efforts [1][3]. Group 1: Regulatory Framework - The measures aim to prevent money laundering and terrorist financing activities within the real estate sector, based on relevant laws such as the Anti-Money Laundering Law and the Anti-Terrorism Law of the People's Republic of China [3]. - Real estate institutions must comply with these measures and are subject to supervision by housing and urban-rural development authorities [3][4]. Group 2: Responsibilities of Real Estate Institutions - Real estate institutions are required to assess and manage money laundering risks, implement preventive measures, and establish internal control systems [7][8]. - Institutions must verify the identity of clients and the purpose of transactions, especially when there are reasonable grounds to suspect money laundering activities [10][11]. Group 3: Reporting and Confidentiality - Real estate institutions must submit suspicious transaction reports to the Anti-Money Laundering Monitoring and Analysis Center when they suspect transactions related to money laundering [13]. - Information obtained during the anti-money laundering process must be kept confidential and can only be disclosed as required by law [6]. Group 4: Supervision and Self-Regulation - The housing and urban-rural development authorities will supervise the compliance of real estate institutions with anti-money laundering obligations, while industry self-regulatory organizations will also play a role in managing compliance [11][12]. - Self-regulatory organizations are tasked with developing guidelines, conducting training, and monitoring compliance within the industry [12]. Group 5: Legal Consequences - Violations of the anti-money laundering measures can result in penalties from local government authorities, and self-regulatory organizations may impose disciplinary actions on non-compliant institutions [14][15].
明确规则,惩治掩饰、隐瞒犯罪所得犯罪
Ren Min Ri Bao· 2025-08-25 22:27
Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate jointly released an interpretation regarding the handling of criminal cases related to concealing and disguising criminal proceeds, effective from August 26, 2025, aiming to clarify judicial rules and unify legal application [1]. Group 1: Legal Framework and Context - The crime of concealing and disguising criminal proceeds is the most prevalent type of money laundering crime, closely linked to telecom fraud and online gambling [1]. - From 2020 to 2024, prosecutors initiated 230,200 cases of this crime, while courts concluded 220,900 first-instance cases, effectively deterring upstream crimes such as telecom fraud and online gambling [1]. Group 2: New Challenges and Legal Adaptations - The evolving nature of crime, including more sophisticated methods and the shift from theft to fraud, particularly telecom fraud, presents new challenges for legal application [2]. - The interpretation clarifies that any actions that conceal or disguise criminal proceeds, such as transferring funds or converting assets, fall under the scope of the law [2]. Group 3: Standards for Criminal Liability - The interpretation emphasizes strict adherence to the requirement of "knowing the proceeds are criminal" and modifies the standards for determining this knowledge to prevent overreach in criminal prosecution [3]. - A comprehensive assessment of social harm will be used to determine criminal liability, considering factors such as the relationship to upstream crimes, subjective malice, methods used, amounts involved, and consequences [3]. Group 4: Penalty Guidelines - The interpretation introduces differentiated standards for severe cases based on the type of upstream crime, setting thresholds of 5 million and 500,000 yuan for aggravated penalties [3]. - It also includes provisions for leniency in sentencing for individuals who significantly assist in tracing upstream crimes, encouraging cooperation in recovering losses [4].
不做犯罪“工具人”!最高法发布掩隐罪典型案例
21世纪经济报道· 2025-08-25 11:29
Core Viewpoint - Money laundering crimes severely threaten national security and financial safety, with the crime of concealing and disguising criminal proceeds being the most prevalent in practice [1]. Summary by Sections Overview of Money Laundering Crimes - From 2020 to 2024, prosecutorial authorities filed 230,200 cases of concealing and disguising criminal proceeds, while courts adjudicated 220,900 first-instance cases [1]. Legal Interpretations and Case Examples - On August 25, the Supreme People's Court and the Supreme People's Procuratorate jointly issued interpretations regarding the application of laws in cases of concealing and disguising criminal proceeds, along with six selected typical cases to enhance public awareness of anti-money laundering [1]. Case 1: Virtual Currency - Three individuals were sentenced to prison and fined for using virtual currency to help transfer criminal funds, knowing they were proceeds of crime [2][3]. Case 2: Large Gold Transactions - An individual was sentenced to three years and six months in prison and fined 50,000 RMB for facilitating the transfer of criminal proceeds through large gold transactions [5]. Case 3: Recycling Industry - An individual was sentenced to six years in prison for selling road steel plates, knowing they were criminal proceeds, demonstrating the use of the recycling industry to conceal crime [9]. Case 4: Upstream Crimes - In a case involving illegal sand mining, individuals were convicted of concealing and disguising criminal proceeds despite the upstream crime not being legally adjudicated [12][13]. Case 5: Distinction of Knowledge - A court clarified the distinction between concealing and disguising criminal proceeds and aiding crimes, adjusting the conviction based on the individual's knowledge and the nature of assistance provided [16][17]. Case 6: Role in Criminal Chain - The court evaluated the defendants' roles in the criminal chain and imposed sentences based on their acknowledgment of guilt and return of illegal gains [21].
不做犯罪“工具人”!最高法发布掩隐罪典型案例
2 1 Shi Ji Jing Ji Bao Dao· 2025-08-25 09:08
Core Viewpoint - Money laundering crimes severely threaten national security and financial safety, with the crime of concealing and disguising criminal proceeds being the most prevalent in practice [1] Group 1: Legal Proceedings and Statistics - From 2020 to 2024, the prosecution of the crime of concealing and disguising criminal proceeds reached 230,200 cases, while the courts concluded 220,900 first-instance cases [2] - On August 25, the Supreme People's Court and the Supreme People's Procuratorate jointly issued an interpretation regarding the application of laws in cases of concealing and disguising criminal proceeds, along with six selected typical cases to enhance public awareness of anti-money laundering [2] Group 2: Case Examples - Case 1: Three individuals were sentenced to prison and fined for using virtual currency to help transfer criminal funds, knowing they were proceeds of crime [3] - Case 2: An individual was sentenced to three years and six months in prison and fined for cooperating in a large gold transaction that concealed criminal proceeds [6] - Case 3: An individual was sentenced to six years in prison for selling road steel plates, knowing they were of unknown origin and likely criminal proceeds [9] - Case 4: In a case involving illegal sand mining, individuals were sentenced for transferring and transporting sand they knew was criminal proceeds, despite the upstream crime not being legally adjudicated [12] - Case 5: A court re-evaluated a case to correctly classify the crime as concealing and disguising criminal proceeds rather than aiding information network crime, leading to a different sentencing [15] - Case 6: Two defendants were sentenced to two years in prison and fined for their roles in the criminal chain, with the court considering their acknowledgment of guilt and return of illegal gains [18]
“两高”发布司法解释进一步严密我国反洗钱刑事法网 来看典型案例→
Yang Shi Wang· 2025-08-25 04:18
Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate jointly released an interpretation regarding the handling of criminal cases related to concealing and disguising criminal proceeds, which aims to strengthen the legal framework against money laundering and related crimes, particularly in the context of rising telecommunications fraud and online gambling [1][3]. Summary by Sections Legal Framework - The interpretation consists of 12 articles and will take effect on August 26, 2025, providing clearer judicial guidelines for handling cases of concealing and disguising criminal proceeds [3]. - Article 312 of the Criminal Law defines the crime of concealing and disguising criminal proceeds, with penalties ranging from less than three years of imprisonment to seven years for serious cases [1]. Key Changes - The interpretation tightens the legal net by expanding the definition of "other methods" to include various actions that can conceal or disguise criminal proceeds, such as intermediary transactions, fund transfers, and cross-border asset transfers [5]. - It emphasizes the strict requirement of subjective knowledge, ensuring that individuals are only prosecuted if they knowingly handle criminal proceeds, thus preventing overreach in legal interpretations [5][6]. Adjustments in Penalties - The threshold for "serious circumstances" has been adjusted to 500,000 and 5 million yuan, depending on the type of upstream crime, to ensure proportionality in sentencing [8][10]. - The adjustment addresses discrepancies in sentencing between upstream and downstream crimes, particularly in cases involving illegal mining and related activities [12]. Encouragement for Cooperation - The interpretation includes provisions for leniency in sentencing for individuals who actively cooperate with judicial authorities in tracing upstream crimes, promoting a collaborative approach to law enforcement [12]. - Special consideration is given to minors and students involved in such crimes, allowing for potential dismissal or non-prosecution based on the specifics of the case [12]. Impact on Crime Statistics - From 2020 to 2024, prosecutors initiated 230,200 cases of concealing and disguising criminal proceeds, with courts concluding 220,900 first-instance cases, indicating a significant deterrent effect on telecommunications fraud and online gambling [14]. Case Example - A notable case involved a jewelry store owner who facilitated large purchases of gold with funds from telecommunications fraud, resulting in a sentence of three years and six months, highlighting the practical application of the new interpretation [15][21].
农发行贵州分行桐梓县支行积极开展 贵金属与宝石行业反洗钱宣传活动
Sou Hu Cai Jing· 2025-08-25 04:07
农发行桐梓县支行始终坚决履行金融机构反洗钱义务,积极承担社会责任。未来,该行将持续创新宣传方式,拓 宽宣传覆盖面,不断提升反洗钱宣传的针对性和有效性,为构建安全、诚信的金融市场环境贡献政策性金融力 量。 (潘昱舟) 本次活动突破传统宣传模式,充分发挥支行营业网点的阵地优势。通过展示"筑牢反洗钱防线,净化贵金属宝石市 场环境"等醒目标语、摆放图文并茂的宣传展板、设立专门的宣传咨询台、向办理业务的客户及过往群众发放反洗 钱知识折页等多种形式,营造了浓厚的宣传氛围。该行工作人员主动担当宣讲员,用通俗易懂的语言,结合真实 案例,向公众详细讲解了洗钱活动的危害性、常见手段以及在贵金属、宝石交易中可能存在的风险点,强调了配 合进行客户身份识别、审慎报告大额和可疑交易不仅是法律赋予的义务,更是保护自身权益、维护行业健康发展 的关键举措。 活动现场气氛热烈,吸引了众多群众驻足聆听和咨询,特别是部分对贵金属、宝石投资感兴趣的消费者和周边相 关行业经营者,就如何识别可疑交易、履行法定义务等问题与工作人员进行了深入交流。大家纷纷表示,通过此 次宣传增强了对洗钱行为的辨识能力和防范意识,了解了自身在反洗钱工作中的责任,今后将主动配合 ...
反洗钱利国又利民 持续推动打击治理洗钱违法犯罪
申万宏源证券上海北京西路营业部· 2025-08-22 02:27
Core Viewpoint - The article emphasizes the importance of anti-money laundering (AML) efforts, highlighting the direct and indirect harms caused by money laundering to society and the economy, and the government's commitment to strengthening legal frameworks and enforcement against such crimes [2][4][9]. Group 1: Direct Harms of Money Laundering - Money laundering undermines the stability of the economic system, leading to economic distortion and disorder [4]. - It acts as a financial lifeline for other serious criminal activities, including drug trafficking, terrorism, smuggling, corruption, fraud, and tax evasion [4]. - It poses significant risks to banks and financial institutions, damaging the credibility of the financial system [3]. Group 2: Government Actions and Legal Framework - Since 2020, the Supreme People's Procuratorate has significantly increased the prosecution of money laundering cases, with 2,971 individuals prosecuted in 2023, nearly 20 times the number in 2019 [5]. - In the first half of 2024, 1,391 individuals were prosecuted for money laundering, representing a year-on-year increase of 28.4% [5]. - The legal basis for prosecuting money laundering includes various articles in the Criminal Law, which have been expanded to include self-money laundering and other related offenses [6][7]. Group 3: Legal Revisions and Enforcement - The Criminal Law Amendment (XI) made significant changes to the definitions and penalties for money laundering, removing terms like "knowingly" and "assist," and including self-money laundering in the scope of prosecution [7]. - The recent legal interpretations clarify the standards for recognizing self-money laundering and other related crimes, providing a clearer legal basis for enforcement [8]. - The government is committed to enhancing the effectiveness of AML measures through improved collaboration between prosecutorial and judicial bodies, establishing mechanisms for better case handling [8]. Group 4: Public Awareness and Prevention - The article encourages the public to enhance their awareness of AML practices and to be cautious with personal financial information [10][11]. - It provides guidelines on what individuals should avoid to protect themselves from potential money laundering activities, such as not sharing personal financial information and being wary of high-return investment schemes [11].
民生银行济南千佛山支行走进社区开展反洗钱宣传
Qi Lu Wan Bao· 2025-08-21 09:29
据统计,此次活动共发放反洗钱宣传折页100余份,从法律法规解读到防范技巧科普,折页上的内容图 文并茂,成了居民们带回家的"安全手册"。"以前总觉得洗钱是电视剧里的事,今天听了才知道,原来 就在身边。"居民王先生拿着折页仔细翻看,"以后不仅自己要注意,还得提醒家里人,身份证、银行卡 可不能随便借。" 金融安全是社区平安的重要一环。此次民生银行济南千佛山支行借暑假契机走进社区,用居民听得懂的 话、记得住的案例普及反洗钱知识,不仅让100余名参与者看清了洗钱的"套路",更在大家心里播下 了"守好钱袋子"的种子。下一步,民生银行济南千佛山支行还将持续开展此类宣传活动,让反洗钱意识 走进更多家庭,共同筑牢社区金融安全的"防护网"。 暑假期间,社区里的烟火气格外浓厚。趁着居民闲暇时间较多,民生银行济南千佛山支行组织的"反洗 钱知识进社区"宣传活动热闹开场,100余名社区居民围坐在一起,在轻松的氛围里学习金融安全"必修 课"。 活动现场,千佛山支行工作人员带着精心准备的宣传折页早早到场。蓝色的宣传展板上,工作人员指着 上面的漫画案例,用通俗易懂的语言开讲,从"虚假投资洗钱""利用第三方支付转移资金"到"出租出借 银行卡的风 ...
年内二度受罚!京东旗下支付机构因十项违规被罚近千万元!
Nan Fang Du Shi Bao· 2025-08-19 12:16
京东旗下支付公司年内再次被罚!近日,中国人民银行北京市分行最新公布的行政处罚决定信息显示, 支付机构网银在线(北京)支付科技有限公司(下称"网银在线")因十项违法行为被警告,并被没收违 法所得219万元,并处罚款约743万元,罚没共计962万元。 此外,先后时任网银在线产品部门负责人、副总裁、总裁等职位的黄某,因对其中的部分违法行为负有 直接责任,被警告并处罚款33万元。 值得一提的是,这已不是网银在线年内首次收罚单,2025年2月,该公司曾被罚超100万元。 涉及10项违法行为 具体来看,本次网银在线被罚主要因十项违法行为,分别是:1.未按规定建立并落实特约商户实名制管 理制度;2.未按规定保存特约商户档案;3.支付接口管理不规范;4.未按规定建立特约商户信息共享联 防机制;5.服务协议约定不规范;6.开立单位支付账户未按规定核实法定代表人开户意愿;7.违规进行 支付账户到银行账户的非同名划转;8.未按规定开展代收业务;9.未能确保交易信息真实、完整、可追 溯;10.未按规定办理备付金业务。 从违法行为来看,网银在线涉及反洗钱管理不力、特约商户管理存在漏洞、支付接口与系统管理缺陷、 清算与账户管理违规、备付 ...
中付支付武汉分公司被罚款60万元 因违反反洗钱相关规定等违规
Feng Huang Wang Cai Jing· 2025-08-18 08:24
凤凰网财经讯 近日,据中国人民银行湖北省分行官网消息显示,中付支付武汉分公司因未履行尽职调查义务和有关风险管理措施,未履行对异常账户、可 疑交易的风险监测和相关处置义务等2项违规,被罚款60万元。 上述"未履行尽职调查义务和有关风险管理措施"违规行为出自金融机构反洗钱规定第九条"金融机构应当按照规定建立和实施客户身份识别制度";"未履行 对异常账户、可疑交易的风险监测和相关处置义务"违规行为出自金融机构反洗钱规定第十一条"金融机构应当按照规定向中国反洗钱监测分析中心报告人民 币、外币大额交易和可疑交易"。 | | | | 1. 未履行尽职 调查义务和有关 | | | | --- | --- | --- | --- | --- | --- | | | 中付支付科技 | 鄂银罚决字 | 风险管理措施; | 罚款 60 万 | 中国人民银行 | | 2 | 有限公司武汉 | [2025] 15 | 2.未履行对异 | 元 | 北省分行 | | | 分公司 | 특 | 常账户、可疑交 | | | | | | | 易的风险监测和 | | | | | | | 相关处置义务。 | | | ...