“Receiving payments in USDT, but the account is frozen by the police!” “Partner absconded, millions of USDT evaporated!” Recently, cross-border enterprises frequently encounter explosive incidents due to using USDT for payments. As a legal team focused on the Metaverse and blockchain fields, we analyze the risks of receiving USDT payments in depth, combining the latest policies and real cases!
一、USDT收款六大核心风险
1️⃣ **Illegal Business Operations: U商=Buying and Selling Foreign Exchange?**
Recently, a foreign trade company in Shanghai was found to have received overseas payments in USDT and converted it to RMB, which was ruled by the court as constituting **Illegal Business Operations**, with the amount involved exceeding 20 million yuan, and the main offender was sentenced to 5 years! According to Article 45 of the (Foreign Exchange Management Regulations), USDT, as a medium for foreign exchange transactions, may be deemed as disguised buying and selling of foreign exchange, triggering criminal risks.
**Case Warning**: In 2024, a U商 in Zhejiang was sentenced for illegal business operations due to offline cash transactions of USDT, with the court stating that “buying and selling USDT is equivalent to buying and selling US dollars.”
2️⃣ **Money Laundering Trap: Frozen Immediately Once Funds Flow In**
The anonymity of USDT has made it a tool for money laundering. In 2024, a technology company in Guangdong was found to have received USDT payments sourced from overseas gambling funds, leading to the company's account being **frozen in full**, and the person in charge was investigated for suspected **Concealment of Criminal Proceeds**.
**Key Points to Avoid Pitfalls**:
- Be sure to verify the counterparty's KYC information and refuse 'third-party payments';
- Retain complete transaction chain evidence (contracts, logistics slips, on-chain records).
3️⃣ **Compliance Explosion: Policy Red Lines Upgraded Again**
In August 2024, the Supreme Court's new regulations clarified: If cross-border payments using USDT disrupt foreign exchange management order, funds can be traced, frozen, and illegal gains confiscated. **Shandong, Shanghai, and other places have launched special crackdowns**, and business owners need to be vigilant!
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二、新型风险：USDT信用卡与礼品卡骗局
**Model Analysis**
- **USDT Credit Card**: Converting USDT into credit card limits through overseas issuing institutions, but renting someone else's credit card may violate **Credit Card Management Crime**;
- **Cash Out Gift Cards**: Purchase brand gift cards at a low price and resell at a high price. If funds are involved in fraud, it may constitute **Aiding and Abetting Crime**.
**Tragic Case**: In March 2024, a cross-border seller in Hangzhou cashed out 5 million yuan through the gift card model and was held liable due to upstream funds being involved in gambling, making recovery of losses difficult.
三、企业自救指南：三类证据链必存
1️⃣ **Proof of Business Authenticity**: Foreign trade contracts, customs declaration forms, logistics documents;
2️⃣ **Legitimacy of Funds Evidence**: Exchange purchase records of USDT, on-chain transfer hash values;
3️⃣ **Compliance Operation Records**: Anti-money laundering review reports, counterparty identity verification documents.
❓“What to do if the received USDT is frozen?”
✅ Three Steps to Respond:
1. Immediately suspend all transactions related to associated accounts;
2. 整理涉案交易完整证据链；
3. Entrust a lawyer to issue (legal opinion) and submit it to the public security organs.
#Legal Risks of USDT #Avoiding Pitfalls in Cross-Border Payments #2024 Corporate Compliance
#Virtual Currency Money Laundering #Bitcoin #Web3 #Blockchain #Investment #usdthk #Tether Fraud Cases 
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