Author: Wu Says Blockchain
Judgment Document Network link
Wu Says has learned that multiple criminal judgments issued by the People's Court of Pingjiang County, Hunan Province regarding the BKEX exchange have recently been published on the Judgment Document Network, mainly involving BKEX employees and agents. The core viewpoint is to define BKEX's contract trading as gambling, and the agents and employees of the BKEX exchange as accomplices in the crime of operating a casino.
The judgment states that in the first half of 2018, Ji Jiaming (currently at large) established Chengdu Dechen Biker Tianxia Technology Co., Ltd. in Chengdu, Sichuan Province. In June of the same year, the company founded the BKEX exchange (the "BKEX" trading platform), primarily engaged in the exchange and spot trading of various virtual currencies. From July 2019 to January 2022, Ji Jiaming repeatedly changed the registered name of the company where the BKEX exchange was located until it was deregistered.
The judgment indicates that in the first half of 2021, Ji Jiaming prepared to launch perpetual contract trading on the BKEX platform, where users bet with the virtual currency USDT, amplifying their principal through high leverage, betting on the rise and fall of virtual currencies such as BTC and ETH, thereby using the internet to gather for gambling. Due to a lack of relevant market operation experience, Ji Jiaming was introduced to Lei Le (who has been prosecuted) to reach a cooperation agreement. The two parties agreed that Lei Le would form a team in Shenzhen, Guangdong Province (hereinafter referred to as the "Shenzhen Operation Team") specifically responsible for the operation and promotion of the contract trading module on the BKEX platform, while Ji Jiaming and the Chengdu team would provide technical and financial support, responsible for software development and maintenance, and provide funds to Lei Le and the Shenzhen Operation Team for salary payments and office space rental. Both parties agreed that 58% of the net profit from the BKEX platform's contract trading module would belong to Ji Jiaming and the Chengdu team, while the remaining 42% would belong to Lei Le and the Shenzhen Operation Team.
In July 2021, the contract trading function developed by Lei Le and Ji Jiaming went live on the BKEX platform (Biker Exchange). Users could recharge using the virtual currency USDT by downloading the BKEX APP or logging into the website www.bkex.com, selecting contracts in different virtual currencies such as BTC and ETH, placing order amounts, clicking "Buy Long (Bullish)" or "Sell Short (Bearish)", and by choosing ordinary perpetual contracts could add leverage from 1 to 100 times, while crazy contracts could add leverage from 125 to 1000 times. Once the position was confirmed, the trading content could not be changed, and perpetual contracts had no expiration time. The "BKEX" platform was equipped with market reference data, forced liquidation, matching transactions, platform gambling transactions, and agent commission return functions. The business team formed by Lei Le developed multi-level agents and users, directly or through others, developing over 10,000 subordinate agents. By the time of the incident, the "BKEX" platform had over 270,000 contract trading users, of which over 60,000 were active users. The platform accumulated a net profit of 54,797,677 USDT (equivalent to over 300 million RMB) through charging fees during user withdrawals and betting processes, as well as forced liquidation and gambling profits.
Due to the founder being at large, the defendants were mainly agents and employees. The Judgment Document Network listed a total of 8 documents, including 2 employees and 6 agents.
Defendant Zheng Lei joined Chengdu Dechen Biker Tianxia Technology Co., Ltd. in early 2019 through an introduction. From July 2021 to May 2023, Zheng Lei, knowing that the BKEX exchange was an illegal platform for contract trading using virtual currencies, served as a wallet engineer and head of the wallet department in the Chengdu team of the "BKEX" platform, mainly responsible for the technical development and maintenance of the main chain for fund circulation, including recharge and withdrawal for all platform users, and jointly provided settlement services for the platform with the audit department and asset department, with a monthly salary equivalent to about 20,000 to 30,000 RMB.
The prosecution submitted relevant evidence to this court to substantiate the above accusations, believing that defendant Zheng Lei violated social management order by providing technical support for a gambling website to seek illegal benefits, and the circumstances were serious. His actions violated Article 303, Paragraph 2 of the Criminal Law of the People's Republic of China, with clear criminal facts and sufficient evidence, and he should be held criminally responsible for the crime of operating a casino. This case is a joint crime, and defendant Zheng Lei played a subordinate role under the organization and command of Ji Jiaming, serving as an accomplice.
The defense attorney's opinion is that defendant Zheng Lei is an accomplice, has shown remorse, and has provided technical assistance for the disposal of assets by the public security organs, is willing to return all illegal gains and prepay fines, and requests probation. Ultimately, defendant Zheng Lei was convicted of the crime of operating a casino and sentenced to two years and one month in prison, with a two-year probation period, and fined 150,000 RMB (already paid); the illegal gains of defendant Zheng Lei amounting to 1.34 million RMB were confiscated (of which 555,000 RMB was turned over to the national treasury by the public security organs).
Another defendant, Wang, joined Chengdu Dechen Biker Tianxia Technology Co., Ltd. in 2018 through an introduction. From July 2021 to May 2023, Wang served as the head of the audit department in the Chengdu team of the "BKEX" platform, mainly responsible for KYC (user real-name) authentication and the review of inflows and outflows for virtual currency recharge and withdrawal, jointly providing fund payment settlement services for the platform with the wallet department and asset department, with a monthly salary equivalent to about 8,000 RMB.
The prosecution believes that defendant Wang violated social management order by providing fund payment settlement services for a gambling website to seek illegal benefits, and the circumstances were serious. His actions violated Article 303, Paragraph 2 of the Criminal Law of the People's Republic of China, with clear criminal facts and sufficient evidence, and he should be held criminally responsible for the crime of operating a casino. This case is a joint crime, and defendant Wang played a minor role in the joint crime, serving as an accomplice.
The defense attorney's opinion is that defendant Wang is an accomplice, has shown remorse, and has provided technical assistance for the disposal of assets by the public security organs, is willing to return all illegal gains and prepay fines, and requests probation. Ultimately, defendant Wang was convicted of the crime of operating a casino and sentenced to one year and eleven months in prison, and fined 52,000 RMB; the illegal gains of defendant Wang amounting to 519,795 RMB were confiscated (of which 97,416 RMB returned to the public security organs should be deducted), and turned over to the national treasury; another defendant, Dong, was invited to join the "BKEX" online gambling platform in July 2021 and became an agent for the platform. Subsequently, defendant Dong promoted and advertised the online gambling platform by sending the "BKEX" platform QR code or website link to friends and relatives, and developed several subordinate gamblers such as Duan, Peng, and Yang to participate in gambling activities on the platform, earning platform rebates based on a percentage of the gambling amounts from subordinate gamblers. According to an audit by Changsha Xiangan United Accounting Firm, from July 2021 to May 2023, defendant Dong, as an agent of the "BKEX" platform, received a total of 33,558.54 USDT in subordinate rebates from the platform.
On October 31, 2023, defendant Dong voluntarily surrendered to the public security organs, and the Pingjiang County Public Security Bureau legally seized one mobile phone held by Dong. After Dong was taken into custody, his family voluntarily returned 230,000 RMB of illegal gains to the public security organs on November 29, 2023. The prosecution believes that defendant Dong violated social management order by serving as an agent for a gambling website and accepting bets, and the circumstances were serious. His actions violated Article 303, Paragraph 2 of the Criminal Law of the People's Republic of China, with clear criminal facts and sufficient evidence, and he should be held criminally responsible for the crime of operating a casino. This case is a joint crime, and defendant Dong played a minor role in the joint crime, serving as an accomplice. Defendant Dong was convicted of the crime of operating a casino and sentenced to one year and six months in prison, with a six-month probation period, and fined 35,000 RMB (of which 18,000 RMB has been paid to this court, 10,000 RMB can be deducted from the bail, and 7,000 RMB can be deducted from the 230,000 RMB returned to the public security organs); the illegal gains of defendant Dong amounting to 223,000 RMB were confiscated (already returned), and turned over to the national treasury by the public security organs.
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