Recently, senior partners of King&Capital Law Firm, Mr. Zhang Yanfeng and Mr. Zheng Xian, helped a criminal-related enterprise to successfully unseal its seized company account during the investigation stage of a criminal case, which helped the enterprise to resume its operation and minimized the loss suffered by the enterprise as a result.
Background
Company A is a liquor distributor in a certain area, through years of honesty and integrity, it has accumulated a good reputation and has a certain market share in the area. One day in October this year, the lawyer received an urgent consultation from the person in charge of his company. Allegedly, the company under the name of a number of public accounts were suddenly frozen by the public security organs in a different place, the reason is that some of the relevant account funds and a fraud case is being investigated, and the specific thawing period is not clear, according to the progress of the case and then make a decision.
For the company, this is undoubtedly a heavy blow. Accounts are the lifeblood of business operations, and the sudden freeze not only disrupted the company's annual business plan, making the company into a deadlock, if not lifted as soon as possible, but also likely to lead to the enterprise into crisis. In order to get out of trouble in time, the person in charge of the enterprise kept communication with the case unit on the one hand, and sought help from lawyers on the other.
Case process
After preliminary analysis, the lawyer thinks, this case can start from the perspective of goodwill acquisition, by proving that the frozen account of the enterprise and the party involved in the transaction belongs to the normal business process of funds, so as to achieve the client's demand.
Difficulties lie in: the current normative situation, although the application of stolen funds and property in good faith has no controversial space, but on the need to recover, how to grasp the amount of recovery, how to determine the time, how to reflect the efficiency of the program how to safeguard is not involved in the operation of the judicial practice is also more confusing. In the past cases, there is no lack of enterprises with similar experience in unfreezing their accounts only after long procedural deadlines, such as investigation, prosecution, first trial, second trial and so on.
In order to help enterprises as soon as possible, on the one hand, the lawyer and the client to establish the idea of processing, and actively sort out the transaction process to obtain evidence, to assist the client to provide the case to the authorities of the business situation, transaction records, relevant contracts and other evidence. On the other hand, the enterprise involved in the case also made to the authorities will continue to assist in the investigation of the guarantee, and submitted an application for the lifting of the freeze. The public security authorities replied that they would intensify the investigation, but were unable to advise on a specific timetable for implementation. Immediately thereafter, the lawyers issued another opinion, providing reference cases and interpretations of judicial policies such as "strengthening the rule of law safeguards for the development of the private economy", and continued to clarify the reasons to the case-handling authorities. Finally, in mid-November, the client reported that the relevant accounts had been unfrozen one after another.
Case Summary
Small and medium-sized enterprises (SMEs) in China are the living force of social development and national economy, one of the important forces to expand employment, improve people's livelihood and promote entrepreneurship and innovation, and play an irreplaceable and crucial role in stabilizing growth, promoting reform, adjusting structure, benefiting people's livelihood and preventing risks. On July 19 this year, the "Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Development and Strengthening of the Private Economy" (referred to as "31 Articles on the Private Economy") was released, which continues to optimize the environment for the development of the private economy, increase the support of policies for the private economy, strengthen the rule of law to protect the development of the private economy, and strive to promote the private economy to achieve high-quality development, Promoting the healthy growth of the private economy and strengthening the organization and implementation of 31 specific measures.
The successful unblocking of the accounts of the enterprises involved in the case is a prerequisite for their own compliance and the key for the relevant units to handle the case in accordance with the law. Based on the small and medium-sized enterprises to resist the risk of weak ability, and criminal risk is one of the more serious. Lawyer here suggests that in the operation of the enterprise, the operator should improve the sense of compliance, abide by the laws and regulations, to ensure their own development at the same time does not touch the red line involved in the case. If inadvertently encountered such a situation, should collect evidence in a timely manner, strengthen the communication with the case unit, to safeguard their legitimate rights and interests are not subject to the infringement of the lawsuit.
