What is the best fraud defense lawyer?
Fraud lawyer defense ideas
--Original: Criminal defense lawyer Wang Tongsheng
Preface
“Not guilty is a fluke, and Lai Zuen is exempted from punishment. , the "results" above probation are helpless: hindering the future of your children, breaking the kindness of a loving mother; a lawyer will accompany you for a while, and you will cultivate yourself for the rest of your life. "
----Lawyer Wang Tongsheng of Zibo
Since the professional criminal defense in 1995, the fraud cases handled: 2 cases were not prosecuted; 1 case was compensated by the state; 4 cases were not found guilty; 1 case the public prosecution authority withdrew the prosecution; 2 cases were suspended.
It seems that he has special experience in handling fraud or contract fraud cases.
Several cases that impressed me deeply:
1. Gong XX fraud case, no prosecution.
Four defendants in one case. I checked the files and found that the investigative agency was "pretentious and unfaithful". Defended, not prosecuted.
2. Wang
I was a "product partner" of a certain company. I was detained for fraud due to factors such as arrears of payment for goods. I came forward to apply for bail pending trial. I was detained again about a year ago and was sentenced in the first trial: ten years. years in prison.
After the appeal, he was released on bail and returned home pending trial. Twenty years later, there has been no news.
3. Li
The trial lasted ten years, but no appeal was made in order to see the child after the verdict came into effect.
I said: Is it better for you to go home without guilt and be with your children every day, or is it better for you to be in prison?
With my persuasion, I appealed, was released on bail pending trial, returned home, and reunited with my children.
4. In the case of longevity fraud, the public prosecution authority withdrew the prosecution.
Similar to the previous situation with Wang X Xiao, the units on both sides are different. There is an interesting point about this case. When the case went to court, the defendant’s family revealed a detail: the two parties reached a mediation agreement, determined a repayment plan, and the materials were taken away by investigators.
However, there was no such material in the file. I asked the client to find the investigators to get it and hand it over to the court. Shou Xying was released on bail pending trial and returned home.
Shou X camp sent me a small car to express its gratitude. I didn’t ask for it, and also sent me a Taishan stone. This Taishan stone has been “sitting” in my office.
5. In the fraud case of He Chengx, he was released on bail pending trial and returned home for several years.
A foreigner was arrested in another place, and his relatives approached me to defend him. He was released on bail pending trial and returned home.
My summary of this case is: the lawyer intervened in a timely manner.
Firstly, the family of the criminal suspect hired a lawyer immediately, which was very timely; secondly, as a defense lawyer, I immediately submitted the formalities and met with the criminal suspect immediately before the prosecutor in charge of the arrest was arraigned. It is important to clarify the legal provisions.
I remember that I had just finished the interview when I noticed that the police car from the Procuratorate was coming, and I deliberately "avoided it."
Why? Because if the prosecutor sees me and discovers that the lawyer met with the criminal suspect, he will think that the criminal suspect confessed under the "instruction of an expert."
6. Guangdong Lin XX fraud case, no prosecution, but compensation.
A very interesting case. After not suing, I acted as an agent for the state to compensate. Some people in the procuratorate were very unhappy, but I still argued hard, and in the end, I was compensated more than 14,000 yuan. After Lin XX came out, he gave me a set of "couple watches", saying they were gold, but they turned white after a few months, hahahaha.
7. Yang XX fraud case, suspended sentence.
This case is very unsolved. The first trial was granted a second sentence with a second sentence, and the other defendants appealed, and the second trial was changed to a third sentence with a suspended sentence.
Yao Nu X was released on bail pending trial in the fraud case and went home.
An "export-earning" company was defrauded of millions of dollars by foreigners. The investigation agency captured Yao X. His mother entrusted other lawyers, and the other lawyers asked me to handle it together. During this period, the injured party came to me through various channels, and I still defended according to the law. After Yao
The Justice Bureau is investigating me. The conclusion is that "lawyer Wang Tongsheng handled the case in accordance with the law."
Why only sue me, the lawyer who helped?
8. Liu X was arrested for contract fraud involving tens of millions of dollars. After defense, he was released on bail pending trial.
After the suspect was arrested, his family came to me to defend him. I felt that the case should make progress, so I said: "I still trust my intuition, it may not be possible."
But the criminal suspect and his family just don't have confidence, so I can't help them. Send a message on WeChat: Please build up your confidence and let’s work together.
In the end, the suspect was released on bail pending trial.
The defense process of not guilty for fraud
The names of people and places in this case are pseudonyms
Xia.
A small mountain with dense vegetation, the locals say it is a geomantic treasure.
There is a newly built cemetery on the south side of the hillside, which is very large. A large crowd was holding a funeral.
The old lady in this family just passed away.
The old lady has two sons and one daughter.
The family is well-known in the local area. In the early days of reform and opening up, it was the first family in "Green Sea City" to advertise on TV stations, with a trading company and a hotel.
When the family was separated, the eldest son "Lin Shan" was assigned a large-scale restaurant, the second son "Lin Mu" was assigned a trading company, and the daughter was also assigned a lot of family property.
A few years later, due to management problems, the hotel collapsed. The eldest son traveled across the country, looking for new development opportunities.
In "Tianzhou City" hundreds of kilometers away, the deputy mayor in charge of industry and leaders of several functional departments were rushing to "Luhai City" by car.
In the wave of investment promotion, half a year ago, someone introduced that "Linshan" established a trading company in "Tianzhou City" to promote the specialties of "Tianzhou City". Now the trade volume has reached several million. The company manager's mother passed away. As the leader in charge, it is appropriate to express his feelings.
The leaders of "Tianzhou City" came, but "Lin Shan" hid. Because "Lin Shan" knows very well that his economic strength is far less than what he claims to the outside world, it is natural for "Tianzhou City" to be exposed when the leaders of "Tianzhou City" come.
"Lin Shan's" behavior aroused the vigilance of the leaders of "Tianzhou City". After asking about it, they found out that they had been fooled.
After returning, he reported the case to the "Tianzhou City" Public Security Bureau and arrested "Lin Shan". "Lin Shan" confessed the facts of the fraud crime. He also stated that the goods were sent to his brother "Lin Mu"'s trading company and then sold.
The "Tianzhou City" Public Security Bureau arrested "Lin Mu" again on the grounds that the two were involved in the same crime.
The daughter of the Lin family knows that regardless of whether "Lin Shan" constitutes a crime, "Lin Mu" has been operating normally and it is impossible to cheat with "Lin Shan". Moreover, "Lin Mu" gave all the payment to "Lin Shan" through the bank.
The daughter of the Lin family knew that "Lin Mu" had been wronged, so she actively worked hard to get "Lin Mu" to go home as soon as possible. Two months passed and there was still no result, so he came to me for consultation and defense for "Lin Mu".
In the investigation stage, after I handed over the procedures to the investigators, I asked to meet the criminal suspect "Lin Mu", but the investigators refused with various excuses. I had to travel more than 200 kilometers back and forth from the law firm to the case handling unit. When I found the case handler for the fourth time, I was allowed to meet with him, but I was not allowed to ask about the case.
"How can we provide legal advice if the case is not involved?" After hard work, the case handler agreed to ask about the case, but could not ask about the specific circumstances.
Only two lawyers can meet with a criminal suspect, and the law stipulates that case investigators can be present. In order to learn as much as possible about the case and provide high-quality legal services to the parties, I deliberately arranged for another lawyer to talk to the case handlers to divert the case handlers' attention and delay time.
After meeting with the criminal suspect, we learned that "Lin Mu"'s brother defrauded the trust of relevant units from the place where the crime occurred, and sent goods worth more than 2 million yuan to "Lin Mu", who was responsible for "Lin Mu" "Buy it. However, "Lin Mu" had no idea how his brother obtained the goods, and all the payment for the goods was given to his brother.
It is obvious that "Lin Mu" has no purpose of illegal possession and no intention to defraud, so it should not constitute the crime of fraud.
Article 25 of the current criminal law stipulates: "The crime of committing a crime together means that two or more people commit a crime intentionally."
In other words, in order to constitute a crime, To commit the same crime, they must have the same criminal intent. The criminal intent of the same party means that each party and the offender know that they are cooperating with others to commit the crime through intentional contact, and they understand the nature of the crime and the consequences of that behavior. endanger society, and hope or allow such results to occur. If the perpetrator does not understand the true criminal intention of others and the nature of the criminal behavior committed by others, or is deceived by others or is under his own misunderstanding, and participates in the crime committed by others while misunderstanding the nature of the crime, then It cannot be concluded that the perpetrator committed the same crime as others.
I communicated my opinions in detail to the case handlers from the legal aspects. However, the investigation agency still transferred the case to the local public prosecution agency for prosecution.
I handed over the defense procedures to the public prosecution agency, communicated with the case handlers more than 10 times, printed out my defense opinions and gave them to the case handlers, recommending that "Lin Mu" be acquitted. After hard work, the procuratorate decided not to prosecute "Lin Mu" in accordance with the law and released "Lin Mu" home.
"Lin Mu", who had been imprisoned for nearly a year, was very grateful and sent a banner with the words "Guardians of the law, kindness is as heavy as a mountain" to express his gratitude.
"Linmu" has entrusted me to represent the state compensation part, and has completed the entrustment procedures.
I went to the "Tianzhou City" Procuratorate and submitted "Lin Mu"'s application for state compensation. The prosecutor who received me asked me to wait a moment and went out.
More than ten minutes later, the prosecutor led me to an office on the second floor. The door number said "Deputy Prosecutor General's Office." There were four people in the office, including myself.
As soon as I entered the door, one of them asked me very rudely: "Can your lawyer represent the state compensation case?"
"Yes." I answered.
"Give me the legal basis!"
I saw some books in the bookcase in the office, including legal books. Although I had been standing at the door, I was standing nearly four meters away. Because I have very good eyesight, I could still see the catalog in the book clearly. I looked into the bookcase with my eyes to see if I could find out the relevant legal provisions from the books in the bookcase.
"What are you looking at? This is the procuratorate, not a park!"
"I can't carry a book with me when handling a case. I want to see if I can get it from the books on your bookcase." Can you find the legal provisions?"
"I will ask you to come up with the specific provisions and don't look around here!"
I can't control myself anymore, very much. He said angrily: "You can find the rules yourself. I am a case agent and have no obligation to teach you lessons!"
As he said this, he walked out.
The prosecutor who went up to the second floor with me grabbed my hand and refused to let me go. I shook it off, walked out, took the car back to the work, and told the people in the office: "As long as the call comes from the 'Tianzhou City' Procuratorate, just say that I am not here."
Because, according to the law, the parties concerned After applying for state compensation, the respondent must respond within the statutory time limit. Otherwise, the applicant can apply to the respondent's superior state agency, and the impact will be expanded and disadvantageous to the applicant.
In the next half month, the "Tianzhou City" Procuratorate called me many times, but I didn't answer the phone. Finally, a registered letter came to me, which read: Lawyer Wang Tongsheng, please hand over your agency procedures.
Seeing that the time was ripe, I handed in the formalities.
The procuratorial organ made a decision: to compensate "Linmu" more than 14,000 yuan.