1. What are the possible money laundering activities?
First, use financial institutions. Including: forging commercial paper; Money laundering through securities and insurance; Opening an account with bills for money laundering; Using the international transfer of bank deposits for money laundering; Credit recovery; Using futures and options to launder money.
Second, the way to run an industry through investment. Including: setting up an anonymous company and concealing the real owner of the company; Investing in cash-intensive industries; Using fake financial companies and law firms to launder money.
Third, through commodity trading activities. Due to the strict restriction of cash transaction reporting system, money launderers may not be able to easily convert cash into bank deposits in a short time, but it is extremely dangerous for criminal organizations to hold a large amount of cash. In order to change the cash form of criminal income as soon as possible, buying precious metals, antiques and precious works of art is also a way for money launderers to choose.
Fourth, take advantage of the restrictions on the confidentiality of bank accounts in some countries and regions. Countries and regions known as secret paradise generally have the following characteristics: First, there are strict bank secrecy laws, and it is a crime to disclose customer account information except for "exceptions" stipulated by law. Second, financial supervision is loose, and there are almost no restrictions on the establishment of financial institutions. Third, there are free company laws and strict company secrecy laws. These places allow the establishment of anonymous companies such as shell companies, and it is difficult to know the real situation of these companies because companies enjoy the right of confidentiality.
Fifth, other ways of money laundering. Including: smuggling; Use "underground money houses" and private lending to transfer criminal proceeds.
Second, how to identify the crime of money laundering
1, object element
The object of this crime is a complex object, that is, it violates the financial order, the social and economic management order, and the normal financial management activities and the relevant provisions of foreign exchange management.
2. Objective factors
Objectively speaking, this crime is manifested in the act of legally depositing the illegal income into financial institutions, investing or listing and circulating, knowing that it is the illegal income and income of drug crimes, organized crimes of underworld nature, crimes of corruption and bribery, crimes of terrorist activities, crimes of smuggling, crimes of disrupting financial management order and financial fraud.
3. Main elements
The subject of this crime is the general subject, including natural persons and units who have reached the age of 16 and have criminal responsibility.
4. Subjective factors
The subjective expression of this crime is intentional, that is, the actor knows that his behavior is to cover up the illegal income of the crime, conceal its source and nature, and deliberately do it for the benefit, and hopes that this result will happen.
Third, the related supplement of money laundering crime.
Money laundering is a downstream crime, and upstream crimes can be dug up by investigation organs. The upstream crimes of the source of black money are generally "drug crimes, organized crimes of underworld nature, terrorist activities, smuggling crimes, corruption and bribery crimes, crimes of disrupting financial management order, and financial fraud crimes. As the motive force and cover of other criminal acts, money laundering is very harmful to society, and everyone should resist it.
The above is about the possible money laundering activities. Money laundering sometimes touches the criminal law and should be punished according to it.