This article is reprinted with permission from Mankun Blockchain Legal Services, authors: Fuqi, Xiaoying, Xiangyi, copyright belongs to the original authors.
Consulting job seekers often have several common misconceptions.
Some believe that short-term part-time work can exempt them from liability:
“Anyway, I’m only doing a part-time job for 3 months, I shouldn’t get caught. I’m not a key person, and besides, I can earn over 10,000 a month; the boss is paying too much.”
Others think that if they are not the boss, they won’t be in trouble, believing that since they are not the main responsible person, they won’t bear criminal responsibility,
“Anyway, I’m just doing the technical work; the police only catch the big boss, what does it have to do with me?”
In the same project, the roles of the boss, technical department personnel, and promotional department personnel differ. Will the legal evaluation be different? Why do people in the same technical position receive different sentences after an incident?
This article focuses on the “risks of different positions” and “risks of different levels within the same position,” breaking down the criminal risk boundaries of different roles, providing a more precise “risk self-assessment guide” for newcomers wanting to engage in Web3 and those already in the industry.
Based on the four types of high-risk project characteristics summarized in the previous article, the following positions are usually recognized as principal offenders or accomplices involved in key aspects of high-risk projects due to their direct participation.
Decision-making positions (initiators/actual controllers/CEOs): Lead the design of project models (such as the hierarchical commission rules of pyramid schemes, odds algorithms of gambling platforms), control the flow of funds (such as the design of fundraising stages in illegal fundraising, management of fund pools), and decide the distribution of illegal gains.
Core technical positions (technical leaders/architects/core developers): Develop programs that realize criminal functions (such as the “random number generator” for gambling platforms, “smart contract commission system” for pyramid schemes), maintain technical channels for illegal fund circulation (such as building anonymous transaction interfaces for fraud platforms). If technical development is directly linked to the high-risk characteristics mentioned earlier (such as developing core modules for gambling platforms), it may be directly recognized as an accomplice. Even if not directly involved in decision-making, if one knowingly provides a “customized technical solution” (such as developing a function to “manipulate coin prices” for a fraud platform), they may still be regarded as an accomplice by the court based on the circumstances.
Financial settlement positions (financial leaders/payment channel connectors): Handle the exchange of virtual currencies and fiat currencies (such as providing USDT recharge and withdrawal channels for gambling platforms), split and transfer illegal gains. In this case, the recognition of accomplice status will depend on the behavior of the personnel in relation to the core criminal aspects, and there is also a possibility of being recognized as an accomplice, especially if involved in money laundering.
The following positions, while not fully participating in core criminal aspects, may still be held accountable due to “assisting actions” or high relevance to high-risk projects, requiring a comprehensive judgment based on subjective awareness and profit situation:
Marketing/operations positions (promoters/community managers): Promote high-risk projects through social media (such as exaggerating “guaranteed returns” to attract investments), develop downlines. If they actively promote knowing the project has characteristics of pyramid schemes/illegal fundraising, they may constitute accomplices.
Customer service positions: Conceal the illegality of the project from users (such as falsely claiming “the platform has a financial license”), assist users in evading regulation (such as advising “to access gambling websites using foreign IPs”). If they provide “cover” for illegal projects, they may be recognized as accomplices.
Human resources positions (HR): Recruit specific technical personnel or project office staff through public channels. If they know the project involves crime and are responsible for recruiting specific personnel and management, they may be recognized as accomplices.
Positions that meet the following three points can reduce criminal risk.
Job content is relatively marginal, with minimal impact: Weak correlation with high-risk projects, belonging to ordinary employees. For example, if they only develop general functions as per client requests (such as the front end of a corporate website), without touching the core business logic of the project; and do not violate normal social order or expand negative impacts, such as not participating in ongoing operations or management.
Unaware and should not be aware: Unaware of the illegal nature and no evidence proving they should be aware, with no subjective intent. For instance, an ordinary programmer writing code per superior instructions, not involved in requirement design, and receiving compensation consistent with market prices.
No substantial role: Did not provide substantial assistance. For example, temporarily translating documents for the project, designing a logo, without participating in subsequent operations or management.
Furthermore, even within the same position, due to differences in levels, job content and salaries can vary. Taking technical positions as an example, the participation level in the entire project clearly differs between a technical department director, mid-level technical management, and ordinary technical personnel, thus corresponding criminal risks also vary significantly.
Position level also has a significant impact on sentencing; in practice, judicial authorities will follow the principle of graded sentencing, resulting in certain gradient differences in sentencing among team members of different levels. The higher the position, the greater the “subjective malice” perceived during sentencing.
Ordinary technical personnel, executing the most basic tasks under others' direction and arrangement, are at the bottom of the sentencing gradient, thus facing relatively lighter sentences, and in cases of particularly minor circumstances, may not be treated as criminal.
Combining the above analysis, Web3 practitioners should shift from a simplistic binary judgment of “am I the boss” or “I only write code” to a comprehensive assessment of “does the project model touch the red line × does the position touch the core × level of position × does it provide substantial technical support × evidence retention,” recognizing the risk curve that matches the benefits while also understanding the “position” and role within the entire chain.
Specifically, Web3 practitioners can self-assess risks through the following steps:
Step 1: Combine the project risk screening from the previous article, check project qualifications, confirm project nature; if it meets illegal characteristics, it is advisable to exclude it directly;
Step 2: Combine the position level analysis from this article, locate position risks; if involved in high-risk areas, it is advisable to proceed with caution;
Step 3: Ensure risk isolation, retain relevant evidence, and stop losses in a timely manner.
If after the above analysis, you still cannot make an accurate judgment, it is advisable to consult a professional lawyer promptly. Mankun lawyers possess profound legal knowledge and rich practical experience, capable of conducting a comprehensive assessment of projects or companies from the perspectives of legal compliance and criminal risk, providing objective and accurate legal advice to help practitioners avoid potential legal risks and protect their legitimate rights and interests.
Behind the “high salary temptation” in the Web3 industry lies the legal risk of “one misstep leading to imprisonment.” Every practitioner must maintain a clear awareness and take practical steps to avoid risks.
Related articles: Is there a risk of arrest in China for doing remote Web3 work? (Part 1)
Original text: “Is there a risk of arrest in China for doing remote Web3 work? (Part 2)”
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