(Reporter Wang Yinfang/Comprehensive Report) The Changhua District Court concluded an investment fraud case in September this year involving a driver suspected of organized crime. The verdict revealed the instructional and combat rules issued by the fraud group to the drivers, including clothing and appearance when dealing with customers, and police investigation. Remaining silent and waiting for the lawyers to arrive, it was determined that a group crime had been committed. The names of the three lawyers who cooperated with the fraud group in the investigation of this case were rarely announced, questioning whether the fraud group hired lawyers for its subordinates to protect the rights and interests of the riders, or to replace them. Does the group build a firewall? It sparked a discussion on lawyer practice ethics in the legal community.
The Changhua District Court ruled that Zhou Pengyi and Zhan Weicheng, both about 20 years old, joined the communication software Telegram group at the beginning of this year. Their members include the account names “Inspector 500 Million”, “Bai Xing” and “Yuantong Hotline No. 108” ” is a structural fraud group, and serves as the group’s collection driver. After Zhou Nan goes to the victim’s residence to obtain the money, he then hands it back to the company through layers of transfers, creating a breakpoint in the cash flow to avoid detection by the prosecutors. Zhou Nan can get travel expenses ranging from 2,000 yuan to 4,000 yuan each time he collects money, and Zhan Nan, who is at the top, can get 0.05% of the amount collected every time he collects money.
In June this year, a man surnamed Wang was shocked to find that he had been defrauded and called the police after making a payment. The police ambushed his residence and arrested Zhou Pengyi and Zhan Weicheng. During the search, the police found Zhou Pengyi’s Iphone and found a copy of the teachings and war rules issued by the group, which contained reminders to withdraw money. How should the rider deal with the “customer” (i.e. the victim), who requires good clothing and appearance, remember to check whether the work permit and receipt are correct before coming to avoid the customer becoming suspicious, and how to respond when asked by the police. “If the police continue to make things difficult, remain silent and wait for the lawyer to arrive.” On-site assistance (lawyer: Zheng Hongwei, phone: 0000000000)!!! Telephone details!!! Lawyers are friends of the personnel’s relatives.”
The judgment also revealed that the lawyer Guan Houxian hired by Zhan Nan during the investigation was appointed by Zhan’s mother according to the appointment letter. However, when the whole case was transferred to trial, the judge asked Zhan Nan: “Did you appoint lawyer Guan Houxian yourself?” “?” Zhan Nan replied: “The lawyer only told me that it was hired by my brother or my mother. The lawyer said that it was recommended by lawyer Zheng Hongwei.” During the trial, Zhan Nan told the judge, “At the beginning, lawyer Guan Houxian told me , it was a lawyer hired by my family for me, but in fact it was not.”
As for Mr. Zhou, when he was transferred to the court, the judge also asked him, “Who hired the lawyer Wang Dongyuan as the defender during the investigation?” Mr. Zhou replied that a friend hired him for him, “Lawyer Wang told me when he arrived at the scene, He was invited by my friend Xiao Chen, who was my basketball partner.” The judge then asked, “How come Xiao Chen is so powerful and knows that you are in trouble?” Zhou Nan hesitated and replied, “That’s it.” I don’t know, lawyer Wang Dongyuan suddenly popped up, and I was also shocked.”
After Zhou Nan was charged, he told the judge that when he was arrested and taken to the District Attorney’s Office, a lawyer suddenly came to defend him. “The bailiff told me that I had a lawyer. I said I didn’t ask for one. The bailiff said that the lawyer had not received the notice. “The judge remembered that Zhou Nan mentioned that his basketball friends hired a lawyer on his behalf during the trial, and asked him: “Didn’t your basketball friend Xiao Chen hire lawyer Wang Dongyuan for you?” Zhou Nan then told the truth: “No, this is Lawyer Wang Dongyuan taught me this.” etc.
The judge also found that the families of Zhou Nan and Zhan Nan had applied for assistance from the Legal Aid Foundation after the two were detained. However, Legal Aid called the Changhua District Prosecutor’s Office for verification and found that both of them had appointed defenders. It was speculated that “lawyers” Maybe it was someone from the group who asked for help.” The prosecutor was particularly reminded to pay attention.
The judge therefore determined that the criminal organization structure of the fraud group was complete, and even the backup was fully prepared. When the group found out that the downstream driver had been arrested, it immediately sent a lawyer who was not appointed by the defendant himself or his family to come forward and claim to be appointed to accompany him to the interrogation. This is obvious. The group has a detailed division of labor and is a structural criminal organization that uses fraud as a means. Therefore, Zhou Nan and Zhan Nan were each sentenced to one year in prison for participating in a criminal organization, money laundering, and fraud.
The judgment in this case directly named the names of many lawyers who cooperated with the criminal group and detailed the operating methods of the lawyer support group. After the full text went online, it went viral in the legal community, and some sharp-eyed lawyers discovered the surprising coincidence!
In 2012, the corruption case of then Nantou County Magistrate Li Chaoqing shocked the political world. Nantou County Public Works Department Director Huang Rongde was the first to be investigated and detained for accepting bribes together with County Magistrate Li Chaoqing. In order to prevent Huang from confessing to him, Li Chaoqing sent the then Nantou County Government to Legal consultant Chen Yixuan “forced” it on Huang and asked Chen Yixuan to defend Huang.
It is understood that when the Nantou County corruption case broke out at the end of 2012, Huang Rongde was first detained and banned from seeing him. At that time, Li Chaoqing immediately made an appointment with Huang’s wife and stated that he would hire lawyer Chen Yixuan, the county’s legal adviser, for Huang. That night, the retired constitutional investigation team investigator Li Boyuan and Chen Yixuan visited Huang’s house with a bag of 80,000 yuan in cash, hoping that Huang’s wife would appoint Chen. They also said that after work on Monday, the lawyer would go to the prison to arrange a legal meeting with Huang Rongde.
During the conversation, Li Nan made a gesture to Huang’s wife and said, “If things go further, these people who provided assistance will disappear.” Afterwards, the more Huang’s wife thought about it, the more wrong she became. She suspected that the county magistrate might be involved in the case, and she also Worried that her husband might become a scapegoat, she sent two urgent text messages and made two phone calls to Chen Yixuan early Monday morning, saying that she would reconsider the appointment and asked her lawyer not to go to the detention center for the time being. Unexpectedly, in order to complete the “assigned task”, Chen Yixuan even forged a letter of appointment for his wife and entered the detention center to meet Rongde.
Huang Nan later told the judge that during a general legal consultation, the lawyer would tell him what crime he had committed and the legal effects of admitting or not admitting it. However, Chen Yixuan did not mention these important points to him during the legal consultation. Most of them asked him about the investigation station. What matters, and asking him to sign the letter of appointment again. “Lawyer Chen Yixuan did not suggest that I plead guilty or not plead guilty, or that I should tell the truth or not tell the truth. He only asked me if I had confessed. At that time, I said that I had not confessed, and he said that at most he would postpone the detention for four times in total. Month, we will talk about the rest in court, it feels like they just want to get my confession when I answer the question.”
In the end, Chen Yixuan was sentenced to three months in prison for forging a commission of attorney. He was also punished by the Lawyers Disciplinary Committee and suspended from performing his duties as a lawyer for half a year.
Original website of Ling Media: Exclusive/The list of the Queen’s Lawyers of the Judgment Fraud Exposer Group revealed the corruption. County Magistrate Li Chaoqing also asked him for help.