判例法数据库

网络犯罪

以获得个人或经济利益为目的的与计算机有关的行为

• 欺诈

与计算机相关的特殊行为

• 制作、散发、持有涉及性侵(性虐待)儿童的相关材料

洗钱

犯罪

• 犯罪所得的转换/转移

犯罪发源

• Credit card fraud
• Identity theft
• Investment fraud
• Computer hacking
• Narcotics trafficking

US v Liberty Reserve et al.

事实梗概

In 2013, and international investigation led US prosecutors in the Southern District of New York to charge 7 individuals with money laundering and operating an unlicensed money transmitting business. The defendants ran Liberty Reserve, a digital payment facility, which allegedly laundered more than USD 6 billion in criminal proceeds. Liberty Reserve was shut down by US authorities in May 2013 as a result of the investigation.

Liberty Reserve – incorporated in 2006 in Costa Rica – was a centralized digital currency service. It allowed users to deposit physical currency – Euros or US Dollars - by converting it into a digital currency pinned to the value of the physical one. Once deposited the money, users were allowed to transfer it to other users. The only personal information required to register was a name, e-mail address and birthdate. Liberty Reserve charged a small fee for each transaction.

According to the investigators, Liberty Reserve was operated do facilitate money-laundering. Its structure and high degree of untraceability provided cybercriminals with a perfectly functioning tool to store and transfer the proceeds of their illegal activities. Before its shut down, the overall number of Liberty Reserve’ users worldwide exceeded on million and over 55 million transactions were conducted through its system. Such transactions included the transfer of proceeds of credit card fraud, identity theft, investment fraud, computer hacking, narcotics trafficking.

One of the co-founders of Liberty Reserve, Vladimir Kats, an American citizen, pleaded guilty before the Federal Court of the Southern District of New York on 31 October 2013 to conspiring to commit money laundering, conspiring to operate an unlicensed money transmitting business, receiving child pornography and marriage fraud.

The other co-founder, Arthur Budovsky, a citizen of Costa Rica, was arrested in Spain in May 2013 and extradited to the US in October 2014.

The US Secret Service, the Internal Revenue Service-Criminal Investigation and the US Immigration and Customs Enforcement’s Homeland Security Investigations carried out the investigation. International assistance was provided by the Judicial Investigation Organization in Costa Rica, the National High Tech Crime Unit in the Netherlands, the Financial and Economic Crime Unit of the Spanish National Police, the Cyber Crime Unit at the Swedish National Bureau of Investigation, and the Swiss Federal Prosecutor’s Office.

评注和重要特点

In this case, digital currency services came into the spotlight as money-laundering platforms. International cooperation between law enforcement of different countries allowed to identify the offenders and shut down the website. However, Liberty Reserve was only one of the digital currency facilities used by criminals to launder money. Several other digital currency facilities, including the famous virtual currency Bit Coin, are nowadays used to conceal illegal funds. Such facilities are not to be considered as criminal by itself since they can be used for licit purposes. Nevertheless, they offer a high degree of anonymity that allows criminals to make speedy transactions to disguise the criminal origin of their funds.

交叉问题

责任

... 为了

• 既遂犯罪

... 根据

• 犯罪意图

... 作为涉及方

• 主犯
• 参与者、调解人、从犯

犯罪

所涉国家

格斯达里加

瑞士

西班牙

荷兰

瑞典

摩洛哥

塞浦路斯

澳大利亚

中国

挪威

拉脱维亚

卢森堡

大不列颠及北爱尔兰联合王国

俄罗斯联邦

加拿大

美利坚合众国

侦查

所涉机构

• US Secret Service
• US Internal Revenue Service-Criminal Investigation
• US Immigration and Customs Enforcement
• Judicial Investigation Organization of Costa Rica
• National High Tech Crime Unit of the Netherlands
• Financial and Economic Crime Unit of the Spanish National Police
• Cyber Crime Unit at the Swedish National Bureau of Investigation
• Swiss Federal Prosecutor’s Office

国际合作

措施

• 引渡

概览

Arthur Budovsky was arrested in Spain in May 2013 and extradited to the US in October 2014.

 

程序步骤

法律制度:
习惯法
最新的法院:
初审法院
诉讼类型:
刑事的
 
诉讼 #1:
  • 阶段:
    初审
  • 裁决日期:
    Fri Dec 12 00:00:00 CET 2014

    法院

    法院名称

    US Federal Court

     

    地点

  • 城市/城镇:
    Southern District of New York
  • 省:
    New York
  • • 刑事的

    说明

    The indictment was unsealed on May 28, 2013. Marmilev, Vladimir Kats and Azzeddine El Amine previously pleaded guilty. Marmilev was sentenced to five years in prison in December 2014; Kats and El Amine await sentencing. The indictment also charged Liberty Reserve with conspiracy to commit money laundering and operation of an unlicensed money transmitting business, and the charges remain pending.

     

    被告/ 初审被申请人

    被告:
    Vladimir Kats
    性别:
    国籍:

    Co-founder of Liberty Reserve

    被告:
    Arthur Budovsky
    性别:
    国籍:

    Principal founder of Liberty Reserve

    被告:
    Ahmed Yassine Abdelghani
    性别:
    被告:
    Allan Esteban Hidalgo Jimenez
    性别:
    被告:
    Azzeddine El Amine
    性别:

    Manager of Liberty Reserve's financial accounts

    被告:
    Mark Marmilev
    性别:

    Former chief technology officer of Liberty Reserve

    被告:
    Maxim Chukharev
    性别:
    国籍:

    Former information technology manager of Liberty Reserve

    指控/索赔/裁决

    被告:
    Vladimir Kats
    指控详情:

    Money laundering and operating an unlicensed money transmitting business

    被告:
    Arthur Budovsky
    被告:
    Ahmed Yassine Abdelghani
    被告:
    Allan Esteban Hidalgo Jimenez
    被告:
    Azzeddine El Amine
    被告:
    Mark Marmilev
    指控详情:

    Conspiring to operate an unlicensed money transmitting business

    陪审团裁决:
    Guilty
    监禁期:
    5 岁
    罚金/向国家付款:
    25000  USD 
    被告:
    Maxim Chukharev
    指控详情:

    Conspiring to operate an illegal unlicensed money transmitting business