Recently, Wang Jiaming, a partner at King&Capital Law Firm in Beijing, represented the victims in a gang fraud case and filed criminal charges with the public security authorities, achieving significant results. After rigorous legal argumentation, thorough evidence collation, and comprehensive communication and reasoning, he ultimately succeeded in persuading the public security authorities to file criminal charges against the suspects and take coercive measures of criminal detention. In the early stages of the investigation, he recovered all the economic losses involved in the case for the victims. This case, as a typical example of fraud targeting vulnerable groups by exploiting educational anxiety, demonstrates Wang Jiaming's professional expertise in criminal complaints and asset recovery.

I. Case Overview

The victim in this case comes from a rural family with a low educational background and belongs to a vulnerable group. His son was about to take the college entrance exam, The fraud ring fabricated connections with a university in Beijing, creating a false admissions scheme. They exploited the victim's desire for his son's success and the trust built through an intermediary who had previously been the victim's son's teacher. They falsely claimed that by sponsoring the school, they could secure internal quotas for admission without exams, leading the victim to a mistaken belief. Over a two-year period, the victim was defrauded of over one million yuan in cash in three separate instances based on this mistaken belief.

II. Penetrating the Civil Facade: Defining the Boundaries Between Criminal and Civil Fraud

This case involves the blurred boundaries between civil fraud and criminal fraud. While both involve fabricating facts or concealing the truth, the core difference lies in whether there is an intent to illegally appropriate property. In civil fraud, the facts fabricated or truths concealed by the perpetrator are intended to enhance bargaining power in transactions, influencing parties' judgments on prices rather than serving as direct tools to seize property. In criminal fraud, however, the facts fabricated or truths concealed are aimed at illegally appropriating the victim's property, inducing the victim to continuously transfer funds, with the victim's needs fundamentally unattainable. In this case, the fraud ring intentionally entered into agreements such as the “Education and Training Agreement” and the “Consulting Services Agreement” with the victim to establish a civil legal relationship, thereby severing the risk of criminal liability. Additionally, the fraud ring maintained active communication with the victim and did not lose contact, leaving the victim unable to determine the whereabouts of their property. This also increased the legal difficulty of proving the perpetrator's intent to illegally appropriate property.

III. Organizing Evidence for Precise Prosecution and Assisting the Victim in Recovering Losses

After accepting the case, Attorney Wang Jiaming actively communicated with the victim to clarify the essence of the case. He organized a large amount of chat records and audio evidence between the victim and intermediaries, analyzed details, summarized key information, and provided the police with critical evidence demonstrating the fraud ring's fabrication of facts and intent to illegally appropriate property. In the complaint, he penetrated the civil façade of the education consulting agreement to identify the actual fraud perpetrators and expose the criminal nature of the fraud. Ultimately, after over a month of investigation, the public security authorities concluded that there were suspected fraudulent criminal facts, and initiated a criminal investigation against the relevant suspects for fraud, taking criminal coercive measures. After the case was filed, Attorney Wang Jiaming continued to assist the victim in recovering losses, ultimately successfully recovering the full amount of funds involved in the fraud case.