Imagine this: You receive a message and/or call from an unknown WhatsApp number and upon answering or opening the chat, you see a citation notice and, amidst the fright and confusion, you read a phrase that generates immediate anxiety: "CITATION for Investigation of Money Laundering Crimes (ML) and Association. Victim: The Financial System of the State".
The first thing you think is: “How is it that I am being summoned to investigate crimes where the State is the victim? If I am the one with the blocked account and the money held!”. It is outrageous. But here I explain the logic behind this and why, although they do not say it, you could be being revictimized.
1. The Financial System as a victim.
For Criminal Law, the banking system is a public good. The State says that if a criminal uses a transfer to move money from an illicit act (fraud, hacking, etc.), the law considers that the transparency and security of the national banking system have been compromised. In other words, the State feels that its financial pipeline has been contaminated with dirty money. Therefore, on paper, the financial system appears as the main affected party.
2. The Triangulation Trap: You are on the trail, but not in the crime.
This is where things get personal. You sold your cryptos legally, but the bolivars you received came from a contaminated account.
For the CICPC, your name is a point on the map where the money stopped. However, while it is true that you are within the bank's traces, it is also true that you are a victim. A third party used you to clean their money without your knowledge, giving you funds of dubious origin in exchange for your clean assets. They used you as a bridge.
3. The risk of Revictimization.
This is the most delicate point. Upon receiving the summons, the system usually treats you initially as a subject of investigation and not as someone who was deceived.
First, you lose your money or your account gets blocked (the criminal's fault). Second, you face a exhausting criminal process, interrogations, and the fear of justice (revictimization by the State).
Being in a banking trace does not make you guilty, but it obliges you to prove that you were an instrument of good faith.
🛡️ What to do if you are on the trail of the money?
If you have that receipt in hand, do not let the label "Financial System as Victim" intimidate you. You have to defend your truth:
You did not compromise the system: You were a user conducting a legitimate business act, protected by Art. 112 of the CRBV.
Your receipts and chats are what show that there was no intention to launder money, but to exchange goods legally.
Going to declare without understanding that you are also a victim of the triangulation scheme is a common mistake. The goal is to demonstrate that the scammer used us all equally.
Being in banking traces is a technical reality, but being a criminal is a matter of intent. Do not allow the process to become a second aggression to your assets and peace of mind.
The only real legal problem is not P2P itself, but receiving money that comes from any illicit act provided for and sanctioned by current laws. Therefore, the law (Organic Law Against Organized Crime and Financing of Terrorism) indirectly forces you to take care of yourself.
Recommendation to be 100% calm:
Use secure platforms with identity verification (KYC).
Do not accept transfers from unknown third parties.
Keep the receipts of your operations.
Trading is your right! Operate wisely and everything will be in order. 🇻🇪💻
⚖️ Do you have doubts about your operation or need legal support?
This post is an informative guide, but in the world of regulatory compliance (SUDEBAN, SUNACRIP, SUNAVAL) each case is particular.
If you are handling high volumes of P2P, received a preventive banking block, or simply want to shield your activity as a digital trader against an audit:
📩 Contact me for personalized advice.
I offer you:
✅ Comprehensive design of the due compliance structure for P2P traders.
✅ Guidance on handling your tax declarations and invoicing for P2P.
✅ Legal representation in case of requirements from SUDEBAN, Public Ministry, and/or any criminal investigation body in Venezuela.
Do not operate blindly. Make the law work in your favor.
📲 Write to me in the DM.
Specialist Lawyer in Cryptoassets and Risk Management of LC/FT/FPADM
#CuentaBloqueada #BinanceVenezuela #CICPC #P2P #LegitimaciondeCapitales 