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Mr. Zhang Qiming and Mr. Xu Ming successfully defended the client who illegally absorbed over 37 billion yuan of public deposits and received a suspended sentence after being released on bail.
Released on:2024-09-30

Recently, Chen Mou (a pseudonym), a party to a case of illegal absorption of public deposits handled by Zhang Qiming and Xu Ming, received a suspended sentence. The amount of money involved in the case amounted to more than 37 billion yuan, and the client Chen was the data director of the company involved in the case. After Chen was arrested, the lawyers proposed to the procuratorial authorities to review the necessity of detention from multiple dimensions, such as the facts of the crime, subjective malice, repentance, possible penalties, and the risk of endangering the society, etc., and communicated with the prosecutor for many times, and comprehensively discussed that Chen was an accessory to the process of absorbing public deposits, enumerated the circumstances of leniency, and clarified that he did not have a danger to the society, and the procuratorial authorities decided to release him from bail pending trial after review. After examination, the procuratorial authorities decided to release him on bail pending trial. In the court stage, after the lawyer defense, Chen Mou ranking substantially reduced, in the case of the rest of the director were sentenced to real punishment, successfully for Chen Mou to get a suspended sentence.

In this case, Chen is the data director of an Internet financial company, belonging to the company's middle and senior managers, in the daily work is responsible for the information collection, back-end data analysis, to the Financial Bureau and the Internet Finance Association to report data. After the company's crash, the public security authorities arrested all the middle and senior managers of the company involved. When summoning Chen Mou to assist in the investigation, the public security organs first to Chen Mou parents home, but Chen Mou no longer live with their parents, and at that time also in the unit overtime has not yet returned home, Chen Mou parents told Chen Mou have the police to look for its matter. After the public security organs to Chen's residence, telephoned Chen said hit Chen's car, need to negotiate face to face. Chen guessed may be the public security, but still decided to return to the residence, take the initiative to surrender and truthfully confessed to the crime.

Chen was detained by the public security organs, the lawyer accepted the family entrusted timely intervention, and met with the client to understand the case. The lawyer believes that, first, although Chen Mou in the company for the data director, middle management, but the actual contact with the business is more limited, the company set up a pool of funds and self-financing and did not know, in the joint crime role is smaller, only belongs to the accessory. Secondly, Chen received the so-called crash phone has been aware of the public security organs to find its assistance in the investigation, in the case of a greater degree of autonomy, but still consciously come to the case, reflecting the automaticity and initiative, and after arriving at the case truthfully confessed, indicating that it has confessed to repentance, accept punishment subjective purpose, in line with the legislative intent of the system of surrender, it should be determined that Chen has the circumstances of the surrender. Third, Chen is willing to plead guilty and quit all the wages and bonuses during the work period, should be treated leniently. Based on the above three points, the lawyer and the prosecutor communicated many times, to the procuratorial organs to apply for detention necessity review, and finally obtained the approval of the procuratorial organs, to change the coercive measures for Chen Mou. Finally, in the court stage, the lawyer conducted an effective defense, and finally significantly reduced Chen's ranking, in the case of the rest of the director were sentenced to real punishment, but still for Chen to get a suspended sentence.

The main reason for Internet finance companies to be involved in illegal fund-raising lies in the change from information intermediary to credit intermediary, which is not very controversial in terms of characterization. The lawyer's main defense strategy is to sort out the company's organizational structure, clarify the client's department and duties, calculate the client's ranking, and claim that the client's role in the joint crime is relatively small from various perspectives such as departmental functions, job duties, scope of competence, salary, etc. At the same time, combining with the circumstances of self-surrender, guilty plea and admission of guilt, return of stolen goods and refund of damages and so on, the lawyer claimed that the client would be given a more lenient treatment. In this case, through the necessity of detention review for the client to obtain bail pending trial, and finally in the case of the rest of the director were sentenced to imprisonment for the client to get the only probation, highlighting the value of lawyers.