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Web3 开发者不可不知的四类刑事高危项目模式
Xin Lang Cai Jing· 2026-02-21 16:12
Core Viewpoint - The article emphasizes the importance of compliance in Web3 projects, highlighting that merely registering overseas or deploying servers abroad does not guarantee compliance. The focus should be on the project's business model, funding structure, and operational substance, especially for teams serving Chinese users [2][4]. Group 1: High-Risk Project Identification - Developers should construct a "high-risk project identification radar" to recognize four common criminal risk patterns in Web3 projects: gambling-related crimes, pyramid scheme activities, illegal fundraising, and illegal business operations [4][5]. - The highest risk crime identified is "operating a gambling house," particularly prevalent in GameFi and blockchain gaming projects, where developers can be held liable even if they are not direct operators [5][6][9]. - The most concealed crime is "organizing and leading pyramid schemes," which often disguise themselves as promotional incentives. Developers must be cautious of reward structures that resemble pyramid schemes [11][12]. - The most explicit crime is related to illegal fundraising, where projects that issue tokens without regulatory approval can be prosecuted under laws against illegal fundraising [14][15][18]. - The current hottest crime is "illegal business operations," particularly in the context of virtual currency platforms facilitating illegal currency exchanges, which have seen increased regulatory scrutiny [22][24]. Group 2: Risk Identification Framework - Developers can identify potential legal risks by recognizing key signals in project structures, such as the presence of gambling mechanics, pyramid-like reward systems, illegal fundraising practices, and illegal business operations [28][30][32][34][37]. - Specific characteristics of gambling-related projects include recharge mechanisms, random gameplay, and withdrawal paths that can be interpreted as gambling loops [30][31]. - Pyramid scheme projects often involve user fees, referral rewards, and multi-level commission structures, which can lead to legal repercussions for developers involved in their design [32][33]. - Illegal fundraising projects typically promise returns to the public without financial regulatory approval, making them susceptible to legal action [34][36]. - Illegal business operations are characterized by facilitating currency exchanges without proper licensing, which poses significant legal risks for developers involved in such systems [37][40]. Group 3: Legal Awareness for Developers - Developers must possess a basic understanding of legal risks associated with Web3 projects, as their involvement in system architecture and key functionalities can expose them to criminal liability [41][42]. - Key factors that may indicate a developer's awareness of potential legal risks include their role in the project, involvement in critical modules, and any concerns raised about the project's legality [43][44]. - Developers should conduct self-assessments before engaging in Web3 projects, focusing on identifying high-risk structures, questioning the project's logic, and documenting their role to mitigate potential legal repercussions [45][46].
邀请“外援”轮流“坐庄”开赌场
Xin Lang Cai Jing· 2026-01-02 17:26
Core Viewpoint - The case involves a group of individuals who organized illegal gambling operations in Hubei Province, China, using a scheme to evade legal consequences by rotating the role of the "banker" in their gambling activities [1][2][3]. Group 1: Gambling Operation Details - The group, including individuals named 贾某某 and 李某某, initiated a gambling operation in 阳新县, focusing on the game of "baccarat," which is known for its fast-paced betting and high profit margins [1][2]. - The gambling operation expanded from an initial capital of 50,000 yuan to between 60,000 and 80,000 yuan, with profits from each session reaching between 30,000 and 100,000 yuan [2][4]. - The group employed various roles to manage the gambling operation, including scouts, transporters for gamblers, and record-keepers for financial transactions [2][3]. Group 2: Legal Proceedings - The gambling operation was active from mid-October 2023 until it was raided on December 13, 2023, during which multiple individuals were arrested and significant gambling funds and tools were confiscated [3][5]. - The total amount involved in the case was over 1.8 million yuan, with profits exceeding 900,000 yuan [4]. - Following the investigation, the Hubei Provincial Prosecutor's Office charged 贾某某 and 李某某 with operating an illegal gambling business, leading to their convictions and sentences of five years and three months, and five years and six months in prison, respectively [5].
担任涉赌平台代理发展会员、接受投注并牟利
Ren Min Wang· 2025-12-18 01:20
Core Viewpoint - The article highlights the legal consequences of engaging in online gambling activities disguised as "gaming agency" operations, emphasizing that such actions can lead to criminal charges under Chinese law [1][2]. Group 1: Legal Case Summary - The Hubei Province Gucheng County People's Court recently adjudicated a case involving two defendants, Zhang and Huang, who were found guilty of operating illegal gambling activities through online platforms [2]. - Zhang, starting in September 2021, acted as an agent for multiple gambling platforms, promoting games like "Ka Wuxing" and "Niu Niu" through WeChat, and profiting from player transactions, amassing over 100,000 yuan in illegal activities [1][2]. - Huang, recruited by Zhang in March 2022, initially participated in gambling but later became an agent, assisting in player recruitment and earning 3,000 yuan from these activities [1][2]. Group 2: Court Rulings and Sentences - The court determined that both defendants knowingly participated in gambling operations, constituting the crime of operating a casino under Article 303 of the Criminal Law of the People's Republic of China [2]. - Zhang received a sentence of three years in prison, suspended for four years, along with a fine of 10,000 yuan, while Huang was sentenced to seven months in prison, suspended for one year, and fined 5,000 yuan [2]. - Both defendants accepted the court's ruling, which has now taken effect [2]. Group 3: Legal Warnings and Public Awareness - The judiciary warns that online platforms are not exempt from legal scrutiny, and any association of gaming with "agent rebates," "deposit betting," or "commission extraction" may indicate illegal gambling activities [3]. - Individuals are cautioned against being misled by the allure of "zero cost, high returns" promotions, as knowingly acting as an agent for gambling platforms can lead to criminal charges regardless of the amount earned [3]. - The public is encouraged to report any suspected illegal gambling activities to law enforcement to maintain a lawful online environment and social order [3].
中铁四局原副总工程师赌博被敲诈续:检方抗诉后三赌客被加重刑罚
Xin Jing Bao· 2025-08-15 08:05
中铁四局原副总工程师赌博被偷拍后,遭敲诈勒索一案迎来新进展。 新京报记者获悉,该案一审宣判后,合肥市蜀山区人民检察院提出抗诉,认为一审判决明显量刑过轻。7月31日, 合肥市中级人民法院作出二审判决,三名赌客刑期分别增加半年至一年两个月不等,另一名视频拍摄者的刑期维 持不变。 案件的起因是一段拍摄于2022年7月23日汤恕赌博的视频。在汤恕此前参赌过程中,有一名赌客得知其央企干部的 身份,便安排人偷偷录下视频。此后,曾与汤恕一同赌博的三人,先后以此赌博视频要挟,声称此前有人在赌 场"出老千",要求汤恕等人返还输掉的赌资。 由于担心影响仕途,汤恕安排一名工程老板,陆续向三名赌客转账两百多万元。工程老板后报警,三名赌客和视 频拍摄者被抓。 一审过程中,四名被告人在法庭上指控汤恕作为公职人员不仅参与赌博,而且还存在其他违法乱纪行为,法庭 外,他们的家属也通过多种渠道持续举报汤恕,2024年11月8日,汤恕落马。 今年4月17日,合肥市蜀山区人民法院做出一审判决,认定四名被告人构成敲诈勒索罪,分别判处有期徒刑六年至 十二年不等。一审宣判后,四名被告人提出上诉,蜀山区检察院以量刑过轻为由提出抗诉。 新京报记者获悉,针对本 ...