A case involving the concealment and cover-up of proceeds from crime, represented by Attorney Ning Yu of King&Capital law Firm, was a related case to a specific official misconduct case. After Attorney Ning Yu became involved, through defense efforts such as conducting consecutive meetings with the client, securing evidence, and communicating with the procuratorate, the procuratorate ultimately decided not to approve the client’s arrest, and the client was released on bail pending trial on the 37th day of detention.
I. Both Spouses Were Taken Away by Supervisory Authorities Simultaneously,
Putting the Company’s Operations at Serious Risk
This case is a related case to a specific official misconduct case. On the same day, the supervisory authorities took both spouses involved in the case away; one was placed under detention, while the other was criminally detained on suspicion of concealing or disguising the proceeds of crime.
The client typically ran a small and micro enterprise independently. After being taken into custody, the company’s daily operations were forced to grind to a halt, its cash flow faced the risk of collapse, and it was unable to collect large outstanding receivables from external creditors. The client’s family therefore retained Attorney Ning Yu of King&Capital law Firm to handle the defense.
II. Immediate and Consecutive Meetings,
Helping the Client Clarify the Legal Facts
Upon taking the case, Attorney Ning Yu immediately began a series of meetings with the client. Drawing on her extensive experience defending clients in official misconduct cases, even without access to the statements of the detained individuals—under “double-blind” conditions—Attorney Ning Yu assisted the client in accurately clarifying the facts of the case. She explained the law and provided legal reasoning based on these facts, helping the client accurately understand the relevant legal provisions and clarify the legal facts involved in the case, thereby preventing the client from making false statements due to anxiety that could worsen the case.
III. Investigating the Case Background,
Establishing a Defense Strategy Rooted in Seeking Truth from Facts
Through multiple meetings, Attorney Ning Yu confirmed that this case—originated by fraud committed by a third party that triggered large-scale public petitions—had been designated as a case under supervision by higher authorities, making it particularly challenging to handle. Based on this, Attorney Ning Yu established the following key points for the defense:
First, adhere to the principle of seeking truth from facts and refrain from fabricating case details. According to Article 312 of the Criminal Law of the People’s Republic of China, the crime of concealing or hiding proceeds of crime carries a sentence of three to seven years’ imprisonment if the “circumstances are serious.” In this case, the client is accused of concealing or disguising proceeds of crime totaling over 20 million yuan—far exceeding the 500,000 yuan threshold for “serious circumstances” in cases of concealing or disguising proceeds of crime arising from official misconduct. Fabricating facts to establish criminal liability would inevitably result in a prison sentence of 5 to 7 years.
Second, conducting a detailed inquiry and analysis of the couple’s relationship. Attorney Ning Yu identified the key points, confirming that the client and her husband—a senior official—maintained financially independent status. The client operated her business independently, and both her business operations and the timing of the activities in question were unrelated to her husband’s official duties; the funds in question, totaling over 20 million yuan, constituted her personal, lawful profits;
Third, she guided the client’s family in collecting evidence. Following her meeting with the client, Attorney Ning Yu, based on the case details, instructed the family to secure key evidence demonstrating the client’s independent management of the project in question and the existence of genuine business operations.
IV. A Detained Individual Makes False Confessions,
Case Transferred for Review of Arrest
During the course of the case, the detained executive, due to personal reasons and a lack of familiarity with legal provisions, “meant well but did harm” by making statements inconsistent with the facts. As a result, the public security authorities decided to transfer the case to the procuratorate to apply for approval of arrest, putting the client at risk of prolonged detention following approval of the arrest.
V. Communicating with the Prosecuting Attorney,
Clarifying the Case Based on Existing Evidence
After the case was transferred for review and approval of arrest, Attorney Ning Yu immediately communicated with the prosecuting attorney. Using evidence secured earlier in the proceedings, she forcefully demonstrated the contradiction between the detained individual’s false statements and the objective facts, articulated her views on the factual findings and legal application in this case, and provided an objective explanation of extraneous factors, such as the pressure from public petitions faced by the procuratorate.
VI. Released on Bail on the 37th Day of Detention,
Follow-up Defense Work Continues
The procuratorate ultimately decided not to approve the arrest, and the client was released on bail on the 37th day of detention.
The case is currently still pending, and Attorney Ning Yu will continue to conduct defense work centered on the facts and evidence of the case, striving for the best possible outcome—an acquittal.
