Xiao sa, lawyer: the coin circle is usually a small case, but usually the charge is very heavy

Original title: difficulties in the case of original | coin circle
Xiao sa lawyer

It has been five years since I handled the first bitcoin fraud case in 2014. I have encountered various suspects, family members and victims. There are differences and similarities in criminal cases involving Internet finance.

Article context:
1. Poor family (family of the suspect);
2. Polarization of scale and heavy sentence;
3. The secondary market increases the difficulty of criminal reconciliation.

Poor family of the suspect

The so-called family members of a suspect refer to the immediate family members who have the right to entrust a lawyer to defend a person after he or she has been placed on criminal record. Different from P2P cases, the relatives of suspects in coinage cases are divided into two categories: one is about 50 years oldparents; The second is about 25His girlfriend(boyfriend is rare)

Let's start with the older family members, who don't know much about their children's industries, but often have a certain cultural and educational background and are open to the Internet and new technologies.

Sayin elder sister city in the province will be at the meeting, a lawyer at the next city drove to the venue blocked side don't want to see me, found that after communicating, Ta children obsessed with technology, with friends to create a chain, private collect COINS have been used up and asked me what I can ICO to exchange issuing fill "holes", I asked the private small, think, under the condition of existing involved is still young don't need to build on his future, get a criminal record will affect life in the future. The parents of several founders are advised to share the amount with the goal of "unlocking" and slowly looking for other opportunities for blockchain technology.

Still have a kind is young cummer, the cummer that money circle case comes to seek advice accounts for 60 %. When these women hear that they do not have a legitimate mandate, there is always a sense of loss in their eyes. We would advise the girlfriend to contact the boy's parents to consult the negotiation situation together.

COINS ring girlfriend tend to be independent and strong, strong resistance to strike capability is good, but in the criminal cases in their mind and play a huge difference, thought that "public prosecution can cancel" during the period of "in custody can meet relatives" "hand in money to bail" these are impractical, practice possibility is almost zero, but they still very persistent, especially after temporary boyfriend become company boss instead.

The money circle case will have a small wave of climax before the end of the year, please do not give relatives the opportunity to shed tears,Stop it and keep your head downStop doing "road shows" in different cities.

Scale polarization, heavy sentences.

Compared to the P2P thunder waves magnificent, the case of the circle of moneyMostly small-scale cases(with the exception of plus token), but without exception is the case of coin circleUsually a heavy crime。

P2P online lending platforms basically have the "original sin" of illegally absorbing public deposits (less than 10 years); However, the cases in the currency circle tend to be more than 10 years of fraud or fund-raising fraud.

Historically, most of the cases involving money that have been adjudicated in recent years have been obstructed by money brokers, who have lost a lot of money. The cases have been filed in accordance with the crime of fraud, and the local police have been actively handling the cases to recover the stolen money.

Now the case has changed, with a brief bull market after a long bear market bringing many of the exchanges' friends backCome back to life, exchange some trading information into "Chinese" for Chinese to buy, provide cross-border exchange (money laundering) business for domestic residents, and carry out "currency + shares" innovation mode.

Broker case still exists, the characteristic of the defense is"Virtual reality" of "currency"Exchange of bitcoins for Ethernet COINS does not constitute fraud, and exchange of bitcoins for virtual COINS in a new ICO may be considered "fraud money". Of course, broker cases also have pure fraud, to others say that help to buy a certain currency turned out not to buy, but their own waste.

The case of exchange, increase gradually, use fraud charge in practice more; But we think it might be more appropriate to use the crime of illegal business, the former is too heavy, the latter is a little more moderate, and there is the hope of obtaining bail pending trial.

In the first three quarters of this year, the acquittal rate of the exchange cases (the rate of obtaining security) is relatively high. In the last one month, I felt a chill obviously.

The curse of the secondary market

To be sure, the outcome of a case is usually better, as long as social harm is eliminated. How to eliminate social harm, the key is not irrational rights.

How do you make sure that you're not irrational? The project hasSufficient financial strength and public relations strength(within legal limits).

However, the major difficulties in the case of virtual currency are:Once traded on an exchange, the people involved are uncontrollable。

According to sa jie's experience and lessons in providing consultation for friends who return COINS after September 4, 2019. It is true that some people do not want to return money, people around the world to find money can not find; But when they make trouble, they do not know where to run out again. They are like slippery loach. They are shrewd and greedy.

In the face of such a group of counterparties with complex claims, it is more difficult to deal with than the online lender. It is completely unable to predict the next operation of the counterparty, and it can only prepare its legal knowledge. At the same time,Keep enough money for payment。

Almost every once in a while, several "thorns" appear, and the response of the project side needs to be personalized, which cannot be ignored, nor can it be fully subsidized, so a special team needs to cooperate with the legal department and public relations team to properly solve one by one. It is difficult to give a unified answer and a one-size-fits all approach, which is also the most time-consuming link in cases involving money.

Write in the last

COINS ring of difficult cases, the emphasis is on: suspect IT mostly in the male, young families know very little about technology and law, once a suspect in custody see relatives (1.5 years), family is very difficult to make rational choice in case the critical moment, often in their own world, thought the law like Europe and the United States the plot, but IT is not.

Solution: for private placement of less than 20 million yuan, it is suggested that the co-founder and the family of the nuclear executive should actively raise funds and pay compensation, which is conducive to handling bail pending trial and laying the foundation for probation. If the amount is too large, it is suggested to reserve funds for refund and compensation, which shall be transferred into the public account of the organ handling the case by installments under the guidance of the defender. At the same time, we strongly recommend that people in the currency circle and their familiesUnderstand legal common sense, do not be deluded by the so-called "seek relationship"

As for the difficult point of "heavy charge", the parties and lawyers in each case need to make efforts to seek truth from facts and make sure that the case is not a crime of fraud"Knock off the fraud hat"Otherwise the sentence is too high to accept. Give due consideration to turning a felony into a misdemeanor and plead not guilty discreetly.

As for the secondary market curse, the lessons learned before, it is difficult to completely deal with clean, can only keep alert, timely fire fighting, the relevant team is fully equipped in case of emergency.

Text link:https://mp.weixin.qq.com/s/295tBFYYrMVbr4_Leghgnw

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