常州史某某涉嫌1.3亿元诈骗罪、非法吸收公众存款罪案（打掉400多万诈骗罪+认定自首+审查起诉阶段取保释放+顶格轻判）之变更起诉决定书（具体办案过程，可网搜《承兑汇票生意惑官非 组合式辩护成功赢新生 ——张王宏律师金融犯罪案件无罪辩护手记（三）》）
Wanghong Zhang（Saul）：Criminal Denfense Counsel specialized in financial criminal defense; Partnership in Guangdong Guangqiang Law Firm and Director of financial criminal defense research center therein; Specially invited researcher for the 1st and 2nd session of Guangzhou Police Association; Assessment expert in social organization in Guangdong and Guangzhou area.
Practicing license Number: 14401201610349730
“Criminal defense counsels must endeavor to pursue better pathways because your work concerns your clients‘ freedom, wealth and reputation. We shall work with professional and responsible attitudes, engrave classics with great craftsmanship and continue to present new pilot altitude in criminal defenses with large amounts of successful defense precedence.”
—Counsel Wanghong Zhang.
Counsel Wanghong Zhang graduated from Sun Yet-san-san University with a bachelor’s and master’s degree in Law. Counsel Zhang has engaged in criminal practices for 21 years. He is enthusiastic about financial criminal cases and only deals with such defense cases.
Financial crimes defense might vaporize clients’ assets, resulting in life tragedy such as divorce and children uneducated. Thus, defense work shall be of no mistakes. To provide effective and high-quality defenses, as a principle, counsel Zhang handles no more than 8 cases per year. He only deals with essential financial criminal cases with certain motivations.
In case of lengths, some of the financial criminal cases defended by counsel Zhang are as followed:
1. In mid 2019, COO, manager of Beijing P2P Corporation, was accused of Ilegally sucking in public deposits for 120 billion RMB. In May, Counsel Zhang found out that the defendant quit his job twice because he disagreed with the company leadership and his main duties of the job were different from company core business. During epidemic time in early 2020, counsel Zhang communicated with the inquisitor concerning difficulties over reviewing files and specific aspects around this case, which raised the awareness of special investigation team. Later he pleaded not guilty. On August 12, the defendant Sun was bailed out pending for trial. On August 14, he received the decision of Nol Pros.(discretionary non-prosecution)
(The non-prosecution decision)
(The release confirmation)
2. In 2018, Defendant Jiao, a registered shareholder with 8% cross-holding of company shares, was accused of illegally sucking in public deposits on Rui P2P platform. Since the first day that the case was transferred to the Procuratorate pending for the approval of arrest, Counsel Zhang filed disapproval suggestions, followed by 12 groups of evidence suggesting that Jiao has never engaged in actual management. Zhang also asked to talk with the prosecutor face-to-face. Based on their conversation, the main issues have been fully disclosed. For instance, Liu with social issues identified Jiao as the suspect. Jiao was a technical staff member but did not use his technology as his fundings for the company. Jiao was just a nominal shareholder. There was also an issue of cross-holding. Later, Zhang kept communicating with family and prosecutors involving refunds of the stolen money. After 37 days, Jiao was successfully bailed out pending for trial and then got dismissal. The court found Jiao not guilty.
(Dismissal decision of bail)
(Decision of Bail)
3. During the process of debt-to-equity swap, Hu in Shenzhen was accused of Contract Fraud for a great deal of money. It appeared to be a contract fraud but actually Hu was a victim of Routine Loan. Counsel Zhang gave out dozens of legal advice and verified every single fact and evidence with the prosecutors. Meanwhile, he proposed prosecution strategy, not confined to criminal defense. Eventually, in the process of Review and Prosecution, Hu received non-prosecution(Not guilty in substantial level).
(The release confirmation)
(The non-prosecution decision)
4. In 2018, Shi in Changzhou was accused of illegally sucking in public deposits with acceptance bill. Counsel Zhang got her surrender and then later she was released with no crime facts. But Shi was imprisoned illegally by creditors after he left the Police Department. He then was rescued after 6 minutes when counsel received his SOS signal. After being held for criminal detention, the Investigation Organ pressed one more Fraud charges in the Prosecution Advices, which might award more severe sentences on Shi. To deal with that, Counsel Zhang filed application for non-guilty evidence collection, non-prosecution legal advice submission due to unclear facts, and staff members and monetary flows chart. In the meantime, there has been 3 application for bail concerning Shi’s health conditions. Shi was bailed out after four months since the case was transferred for Review and Prosecution. Shi was guilty but with the help of effective defense, she was able to surrender and got successfully bailed out. Thus she was freed from detentions and illegal imprisonments twice. Through pre-trial communications, the court returned the case back to the Procuratorate for supplementary investigation. The Procuratorate withdrawn the Fraud charges for 4.5 million RMB and acknowledged his Surrender issue. On February 2019 he was sentenced to 3 years imprisonments.（Unsuccessful surrender then rescued from illegal imprisonments+successful bailed out during Review and Prosecution+4.5 million RMB Fraud not guilty+illegal sucking in public deposits with minimum sentences of three years).
(The release confirmation)
(The original Indictment)
(The Fraud charges was withdrawn)
(The defense opinions)
(The court adopted the defense opinions)
5. In 2019, defendant z from Netherlands was charged in Heilongjiang of illegal underground banking business for 280 milliom RMB. The case was investigated by the Police Department. Defense Counsel filed applications for the exclusion of illegal evidence, for witnesses to testify in court, and for collection of new evidence. At trial, counsel Zhang argued that objective evidence such as documentary and electronic evidence was missing. The defendant shall not be found guilty merely with subjective evidence. Besides, there were still some evidence that can prove him not guilty have not been collected. The primary defendant grew up and received education in a different country. He was unable to use and recognize Mandarin. Under the circumstances that he had been tricked and threatened to provide statements, his statements should not be adopted. The court adopted the defense opinions and sentenced probation when the prosecutor suggested a 6-year to 6-year-and-2-months sentences.
6. In 2018, defendant Z, director of Shanlin financial corporation(Guangzhou divisions), was accused of illegally sucking in public deposits. After Counsel Wanghong Zhang got involved, he took different strategies according to different situations. Under the circumstances that there were up to 21 defendants and our client only ranked the second place, he managed to capture the key issues. Those issues included unit crimes, principal or accessory, criminal intentions, property recovery problems under the condition of double characters(defendant and investor), appraisal opinions effectiveness, amount of crime evaluation, surrender and contribution. Finally Z received the minimum sentences from both law stipulates and the prosecutor’s suggestions.
7. In 2018, defendant Zhan was accused of illegal business operations for 1.1 billion dollars. The case was investigated by Heilongjiang under the supervision of the Police Department. Defense counsel filed application for the exclusion of illegal evidence,
leading to pre-trial meeting. At trial , defense counsel questioned the Policeman who testified on court and doubted the legality of their records and videos. Also, there was not enough evidence suggesting that Zhan had connection with relevant members. The amount of crime was unclear and Zhan did not benefit from the crime. Thus he was not guilty. In the end, Zhan was sentenced with probation.
8. In 2017, Defendant Liang was accused of illegal funds-raising(the charges varied from funds-raising fraud to illegally sucking in public deposits. When the prosecutor pressed charges, they thought it should be funds-raising fraud). Liang was titled as the Vice President of the company and thus he was listed as the primary suspects by the investigation organ in the Prosecution Suggestions. After counsel reviewed the files, he filed applications for the exclusion of illegal evidence, and for the collection of the non-guilty evidence. He also filed the discretionary non-prosecutions legal submissions. Therefore, Liang became the last two defendant in the Indictment.(The last defendant was caught later and added to the case. Liang was actually the last defendant of the list based on the original three defendants).
(The Prosecution Suggestions by the investigation organ)
(The Indictment by the Procuratorate)
9. In 2019, Defendant Chen was accused of financial-related public-related crimes in Shuangliao , Jilin. Gang crime is the predicate crime of laundering crime. Chen was charged for gang membership, robbery and murder. Through meeting with the client, Counsel Zhang throughly comprehended the facts, communicated with prosecutor Liu face-to-face and submitted documents. The Procuratorate later took off the robbery charges and changed murder charges to intentional injury charges. Chen was a general gang member instead of a key gang member(Non-prosecution for felony).
10. In 2018, defendant Chen was accused of illegally sucking in public deposits/funds-raising fraud for a billion RMB using private equity. It was confirmed that Chen absorbed over 110 million RMB and he was the third suspect. Counsel Wanghong Zhang got involved in the case and helped Chen bail out pending for trial during Review and Prosecution. At trial, Chen became the fourth defendant. Counsel Zhang argued for the following aspects: Chen has not retrieved his investments; The case shall be a case of unit crime; Illegal gains confiscation shall be deducted by ratio based on the fact that the investment has not been fully returned; Chen has fulfilled her cautionary duty and the records at the Fund Association should not be used to identify its lawfulness; Chen only introduced her friends and families and thus it did not meet the requirements of sociality. The court adopted the above opinions.(Successful bail and probation during Review and Prosecution).
(The court adopted the defense opinions)
11. Defendant Ann was accused of gang participation in Baotou.(the predicate crime of financial crime) and disturbances. Ann appealed and the case was sent back for retrial. Though it was only a basic crime, Ann was still accused of gang participation when the case was sent back for retrial. Counsel Zhang argued that Ann was not guilty because the statute of limitations has passed and the evidence was scarce. After throughout questioning, cross-examination and debating, Ann was sentenced with one-year imprisonment for disturbances. Ann did not appeal. (successfully cut off gang charges and gained lighter sentences).
(The ruling cut out gang charges and gave light sentences)
12. In 2017, defendant Yu from Hubei was accused of network futures fraud for a great deal of money.(Bailed out during Investigation, substantially not guilty).
13. In 2019, defendant Lv from Neimenggu was accused of illegally sucking in public deposits using P2P platform, causing 100 million RMB loss. Through questioning and filing defense evidence, the prosecutor found in court that Lv could enjoy the privilege of surrender. Also, as a private entrepreneur, light sentences help recover business and retrieve losses. (Instead of funds-raising fraud. Surrender was not acknowledged in the Indictment but then was acknowledged by court.)
(Surrender was acknowledged in court)
14. In 2017, defendant Li, director of Qianmulingzhi, was accused of illegally sucking in public deposits for 120 million RMB.(Light sentences)
15. In 2019, defendant Li from Beijing was involved in the case of Nuo illegally sucking in 30 billion RMB public deposits on private placement, P2P, asset management company platform.(In progress)
16. In 2019, Lv from Enshi(Hubei) was accused of Solar Energy Company MLM organization and leadership.(Light sentences, currently in the second instance progress).
16. In 2019, Sun from Guangzhou was accused of virtual currency funds-raising fraud.(In progress)
17. In 2019, Che from Yunnan was accused of new energy company funds-raising fraud.(In progress)
18. As the first case in Guangzhou, defendant Lin was accused of credit card fraud by using ATMs at continuous subway stations.(During his public services tenure)