On the afternoon of February 28th, the first issue of “Semi-Monthly Talk on Criminal Defense” hosted by Criminal II Department was successfully held in King&Capital Law Firm. The activity was presented by Mr. Liu Lijie, senior partner and head of Criminal Department 2 of King&Capital Law Firm, Mr. Zhang Qiming, senior partner of Criminal Department 1, Mr. Wang Xintong, senior partner and co-manager of Criminal Department 2, and Mr. Peng Jiyue, senior partner and head of Criminal Department 3, who talked with and chaired by the head of Business Management Department respectively.
Activity Scene
Criminal Defense Semi-Monthly” is a column specially set up by King&Capital Criminal Department II to strengthen the industry communication, enhance the practical ability of lawyers in criminal defense, and strengthen the influence of the firm's criminal defense brand, aiming at promoting the communication and cooperation between King&Capital head office and branch offices, between peers, experts and scholars, and between departments within the firm. The content of the column is mainly carried out in the form of seminars and exchanges, for the current hot legal issues, in the handling of difficult cases, professional and technical issues, criminal legal risk prevention and other topics related to criminal defense to carry out exchanges and discussions. The column plans to carry out activities once every half a month.
The first issue of “Semi-Monthly Discussion on Criminal Defense” is titled “Methods and Techniques of Defending Common Crimes in Banking and Securities Industry”, and Liu Lijie, the speaker, focuses on the high incidence of illegal loan issuance in the banking and securities industry, illegal issuance of financial instruments, bill fraud, disclosure of insider information, insider trading, trading with undisclosed information, fraudulent issuance of securities, and illegal disclosure and non-disclosure of important information. As well as illegal disclosure, non-disclosure of important information and other criminal charges characteristics, from the strategy, tactics, methods, techniques, two levels, four dimensions, summarized combing class case defense ideas to discuss and exchange.
Liu Lijie
Combined with their rich experience in handling cases, the three interlocutors exchanged and discussed the defense strategies and methods for crimes in the banking and securities industries under the background of “zero tolerance” for financial crimes.
Mr. Zhang Qiming, Senior Partner of the Criminal Department, believes that: from the macro analysis, the state always upholds the attitude of “zero tolerance” to the securities market, and the trend of strict regulation of the securities industry will continue. From the analysis of clients and cases themselves, this kind of crime itself has the characteristics of small volume of cases, the gap of client's cognition, the strength of the case-handling authorities, and strong specialization, etc. Therefore, the criminal defense lawyers in handling the securities market will be very helpful to the clients. Therefore, criminal defense attorneys should be able to achieve professional discipline, case evaluation, and defense skills in handling securities crimes.
Zhang Qiming
Mr. Wang Xintong, Senior Partner and Co-Manager of the Criminal Department II, shared his views on the judicial practice of cross-border securities crimes from the perspective of foreign criminal defense and the spirit of the policy of the Securities and Futures Commission (SFC) to establish a law enforcement alliance to fight against cross-border securities violations and infringements. In terms of cross-border regulatory and law enforcement cooperation, Mr. Wang highlighted the supervisory and regulatory cooperation mechanism under the Securities Regulatory Commission of the State Council, the cross-border law enforcement cooperation between Hong Kong, China and Mainland China, and the cross-border regulatory cooperation between China and the United Kingdom under the mechanism of Hurun Tong. In addition, Mr. Wang shared two typical cases of cross-border securities crimes: the first case of manipulating the securities market through fraudulent trading using the “Shanghai-Hong Kong Stock Connect” trading mechanism, and the cross-border $500 million financial forgery “Abbott”, which involved the forging of letters from dignitaries in other countries. The case of illegal disclosure and non-disclosure of important information. She believes that in the face of the cross-border joint enforcement mechanism, the relevant companies should effectively guard against criminal risks, eliminate the fluke mentality that offshore crimes may evade supervision, and achieve real compliance.
Wang Xin Tong
Mr. Peng Jiyue, Head of Criminal Department 3 and Senior Partner, believes that the cases of crimes related to the banking field are characterized by high technological content, new criminal means, many subjects involved, high case subject matter, detailed defense work, and criminal-civilian crossover, therefore, both the value of the case itself and the exertion of professional ability are a worthy challenge area for criminal defense lawyers. In order to handle such cases well, it is necessary to have a deep understanding of banking operation business, be familiar with the provisions of cross-industry legal system, and use professional expression to convince people with reasoning in the court hearing.
Peng Jiyue
This activity is the opening activity of the “Criminal Defense Semi-Monthly Talk” column. In more than two hours, the speaker and the talker shared the dry goods of the industry, which is rich in content and pragmatic in communication. The next step of the “Criminal Defense Semi-Monthly Talk” column will continue to focus on criminal defense practice, brainstorming, innovative forms, and constantly broaden the sharing channels, strengthen the communication and interaction within and outside of King&Capital, especially for the young lawyers to build a platform for learning, communication, interaction, and display of self-expression, and constantly enhance the cohesion and centripetal force of King&Capital's criminal defense community.
